Legal Opinion · Dissent
Bergerman v. Gerosa
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1956Published
1Dissent
Frank, J. (dissenting).
One of the prime questions posed in this article 78 proceeding is the constitutionality of section 842 of the Laws of 1955. Special Term held in effect that the statute was valid under all the provisions of the Constitution save section 10 of article IX (formerly art. III, § 28). It must be assumed that the majority in affirming holds similarly. The section of the Constitution referred to provides that, “ The legislature shall not, nor shall the common council of any city * * "* grant any extra compensation to any public officer ”. It has been interpreted to mean…
2Cases cited13 opinions
- Matter of Mahon v. . Bd. of EducationNew York Court of Appeals · 1902
- Matter of Moran v. La GuardiaNew York Court of Appeals · 1936
- Matter of Benvenga v. La GuardiaNew York Court of Appeals · 1945
- Haggerty v. City of New YorkNew York Court of Appeals · 1935
- People Ex Rel. Deitz v. . HoganNew York Court of Appeals · 1915
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