Childs v. Moses

The issue is whether defendant Moses as Commissioner of Parks and defendant Huie as Commissioner of Public Works have vacated such offices by also accepting appointment as associate members of the City Planning Commission.

In a taxpayer’s action under General Municipal Law, section 51 (Cons. Laws, ch. 24), Special Term denied plaintiff’s motion for an injunction pendente lite restraining payment of defendants’ salaries, granted defendants’ cross-motion to dismiss the complaint, and entered judgment; plaintiff appeals.

Three causes of action are alleged against each of said defendants: (1) on…