Legal Opinion

People ex rel. Hylan v. Finegan

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1919Published

Appeal by the relators, John F. Hylan, as mayor, and others, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 10th day of February 1919, denying their motion for a writ of prohibition restraining the defendant from taking any further proceedings in the matter of his attempt to adjudicate and determine the proper disposition of public moneys apportioned to the city of New York under the…

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Appeal by the relators, John F. Hylan, as mayor, and others, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 10th day of February 1919, denying their motion for a writ of prohibition restraining the defendant from taking any further proceedings in the matter of his attempt to adjudicate and determine the proper disposition of public moneys apportioned to the city of New York under the provisions of the Education Law.

1Opinion of the Court

John M. Kellogg, P. J.:

The relators’ standing in court substantially rests upon the claim that section 1102 of the Greater New York charter, which directs that school moneys in the city be paid to the city chamberlain and placed in the city treasury “ to the credit of the general fund for the reduction of taxation,” survives chapter 786 of the Laws of 1917, which added to the Education Law article 33-A, establishing a board of education in the cities of the State and regulating their powers and duties. It is conceded that this charter provision was not expressly repealed by the repealing…

2Cases cited2 opinions

  1. People Ex Rel. Bd. of Education v. . FinleyNew York Court of Appeals · 1914
  2. Hylan v. FineganNew York Supreme Court · 1919

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