Hulbert v. Craig — 241 N.Y. 525

Majority

p. 525

In the Matter of the Application of Murray Hulbert, 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—forfeiture of office of president of board of aldermen by accepting office on State commission.

Matter of Hulbert v. Craig, 213 App. Div. 865 , affirmed.

(Argued October 7, 1925;

decided October 27, 1925.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 24, 1925, which affirmed an order of Special Term denying a motion for a peremptory order of mandamus to compel the comptroller of the city of New York to restore the petitioner’s name to the payrolls of the city as president of the board of aldermen; to require the comptroller to comply with the payroll for October, 1924, upon which the petitioner’s name appeared as entitled to $1,250, his statutory salary for the month as president of the board of aldermen; and to deliver to him a check for that sum. The motion was denied, on the ground that, by accepting in April, 1924, appointment by the Governor to membership on the Finger Lakes State Park Commission, petitioner had forfeited his office as president of the board of aldermen, pursuant to section 1549 of the New York city charter.

p. 526

Charles II. Tuttle, Carl E. Peterson and Murray C. Bernays for appellant.

Charles L. Craig for respondent.

Order affirmed, with costs; no opinion.

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