O'Neil v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 6, 1917, unanimously affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion. The judgment of the Court of Claims herein is void.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 6, 1917, unanimously affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion. The judgment of the Court of Claims herein is void. (Buckles v. State, 221 N. Y. 419; People v. Dennison, 84 N. Y. 272; Lewis v. State of New York, 96 N. Y. 71; Rexford v. State of New York, 105 N. Y. 229; Peck v. State of New York, 137 N. Y. 372; Quayle v. State, 192 N. Y. 47; Flower v. State, 143 App. Div.…
1Opinion of the CourtPound, J.
This is a claim for salary based on the provisions of chapter 680, Laws of 1915, in effect May 22, 1915, which provided an annual salary of $3,000 for each member of the state athletic commission. Claimant had served as such commissioner from July 26, 1911, under the original act creating the athletic commission (L. 1911, ch. 779), which made no provision for compensation and he continued to serve until October 8, 1915, when his successor was appointed. . -
No appropriation was made for the payment of claimant’s salary for the period between May 22,1915, and October 1, 1915, and when a payroll…
2Cases cited8 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Fisk v. Jefferson Police JurySupreme Court of the United States · 1885
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Quayle v. . State of New YorkNew York Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Pacific Gas Etc. Co. v. State of CaliforniaCalifornia Supreme Court · 1931
- Brooklyn Borough Gas Co. v. Bennett, New York County Courts1935
9 more not listed; retrieve them via the Exa API.