DeMarco v. Conway

Defendants appeal from an order of the Supreme Court which directed them to pay petitioner’s salary as a laboratory worker in the New York State Department of Health at the rate of $2,180 per annum for the fiscal year commencing April 1,1947. The proceeding was brought by petitioner under article 78 of the Civil Practice Act and its main purpose was to obtain a judicial construction of chapter 360 of the Laws of 1947. No answer or opposing affidavits were interposed and defendants moved to dismiss the petition on ifó face. Thus all the facts in the petition are admitted and only a question of…