Schieffelin v. Kelliher

Wagner, J.:

This action has been brought to restrain the payment of salaries claimed to be authorized under chapter 643 of the Laws of 1924, which adds a new section (§ 15-a) to the General City Law concerning promotions in the police force.

It is obvious from a mere reading of this section that the law was passed to circumvent the results of the decision in Brown v. Craig (209 App. Div. 11) and in intent as well as effect is special legislation, although drafted in general terms. As such, I think it comes within the criticisms set forth in Barlow v. Craig (210 App. Div. 716). The fact that the…