People ex rel. Devery v. Coler — 173 N.Y. 587

Majority

p. 587

The People of the State of New York ex rel. William S. Devery, Appellant, v. Bird S. Coler, as Comptroller of the City of New York, Respondent.

Headnote

People ex rel. Devery v. Ooler, 72 App. Div. 615 , affirmed.

(Submitted November 12, 1902;

decided January 6, 1903.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May

p. 588

20, 1902, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to pay to the relator the salary of chief of police of the city of New York for the months of March, April and May, 1901.

Judson S. London, Abram I. Elkus and. Carlisle J. Gleason for appellant.

George L. Rives, Corporation Counsel (Theodore Connoly of counsel), for respondent.

Order affirmed on authority of People ex rel. Devery v. Coler ( 173 N. Y. 103 ), with disbursements, but without costs.

Concur: Parker, Ch. J., O’Brien, Bartlett; Haight, Martin and Cullen, JJ. Absent: Vann, J.

Cases cited

People ex rel. Devery v. Coler 173 N. Y. 103 N.Y. 1903-01-06 p. 588