Matter of Flaherty v. . Craig
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1918, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the comptroller of the city of New York to audit the payroll of the petitioner containing an increase in his salary as Supreme Court attendant.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1918, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the comptroller of the city of New York to audit the payroll of the petitioner containing an increase in his salary as Supreme Court attendant. The question presented is whether, under section 168 of the Judiciary Law, the justices in Kings county, can raise an attendant’s salary after it has been fixed by them for the ensuing year according to the…
1Opinion of the CourtCrane, J.
Section 168 of the Judiciary Law (Cons. Laws, ch. 30) gives to the justices of the Supreme Court for the second judicial district, residing in Kings c'oimty, the power to appoint, and at pleasure remove, all clerks, attendants, messengers and court officers in the Supreme Court in said county and the right to fix their compensation except where such compensation is fixed by law.
In accordance with the provisions of the New York city charter the justices on July 13, 1917, submitted to the board of estimate and apportionment an estimate of the amount of expenditure required for 1918 including a…
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- People v. FullerNew York Court of General Session of the Peace · 1935
- Moskowitz v. La GuardiaNew York Supreme Court · 1944
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