Harvey v. Finnick

OPINION OF THE COURT

George A. Reed, J.

Petitioner, the District Attorney of the County of Ontario, brings this CPLR article 78 proceeding to compel the Board of Supervisors to pay him the same salary as the County Judge is paid. An earlier petition was brought for the same relief before Supreme Court Justice Andrew V. Siracuse. In a lengthy opinion concerning the legal issues involved, Justice Siracuse dismissed the petition (111 Misc 2d 197). Since that time, the petitioner has been elected to a new term of office and the salary figure has changed. Except for these two elements, every other…