Kilroe v. Craig — 238 N.Y. 628

Majority

p. 628

In the Matter of the Application of Edwin P. Kilroe, Appellant, for a Peremptory Order of Mandamus against Charles L. Craig, as Comptroller of the City of New York, Respondent.

Headnote

New York city — officers — mandamus to compel consideration by comptroller of claim for disbursements of public officer in defending himself against charges of misconduct in office —■ properly denied.

Matter of Kilroe v. Craig, 208 App. Div. 93 , affirmed.

(Argued June 3, 1924;

decided July 5, 1924.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1924, which reversed an order of Special Term granting a motion for a peremptory order of

p. 629

mandamus to compel the comptroller of the city of New York to consider the claim of the relator for expenses and disbursements incurred by him in successfully defending himself against charges of alleged misconduct in office as an assistant district attorney of the county of New York.

Robert S. Johnstone, William M. K. Olcott and Neilson Olcott for appellant.

George P. Nicholson, Corporation Counsel (John F. O’Brien, John Lehman and Henry J. Shields of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.