People ex rel. Murphy v. Prendergast — 214 N.Y. 664

Majority

p. 664

The People of the State of New York ex rel. John J. Murphy, Appellant, v. William A. Prendergast, as Comptroller of the City of New York, Respondent.

(Argued February 26, 1915;

decided March 16, 1915.)

Headnote

People ex rel. Murphy v. Prendergast, 165 App. Div. 186 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 4, 1914, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendant to issue a warrant for payment of relator’s salary as clerk to one of the justices of the Supreme Court.

p. 665

Charles L. Hoffman and Henry A. Friedman for appellant.

Frank L. Polk, Corporation Counsel (Terence Farley, William E. C. Mayer and Arthur Sweeney of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Miller and Cardozo, JJ. Absent: Seabury, J.