Majority
p. 845In the Matter of the Application of Edward C. Burke, Petitioner, Respondent, for an Order under Article 78 of the Civil Practice Act, against Fiorello H. LaGuardia, Chairman, Joseph D. McGoldrick and Others, Members of and Constituting the Board of Estimate of the City of New York, and Others, Appellants, and Peter J. McGuinness, as Register of the County of Kings, Respondent.
Proceeding under article 78 of the Civil Practice Act, in which a peremptory order was made granting petitioner’s application to direct appellants to include in the budget for the fiscal year 1941-1942 an appropriation for his salary at the rate of $2,820 per annum, as requested by the register of Kings county. Order unanimously affirmed, with fifty dollars costs and disbursements to petitioner, respondent. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.