Schieffelin v. Henry

Headnote

Constitutional law — taxpayer’s action — municipal corporations — police — invalidity of statute authorizing municipality to reimburse police officer for expense incurred in defending himself from criminal prosecution.

Schieffelin v. Henry, 215 App. Div. 706 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 25, 1925, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for judgment on the pleadings in a taxpayer’s action against the comptroller and chamberlain of the city of New York and Dominick Henry, an inspector of police, to secure an injunction preventing the officials of the city from paying pursuant to a resolution of the board of estimate and apportionment

of the city of New York, the sum of° $29,880.60 to defendant Henry, to reimburse him for expenses incurred in defending himself against criminal prosecutions. The auditing and allowing of Henry’s claim by the board of estimate and apportionment was specifically authorized by chapter 758 of the Laws of 1923, which authorization, however, the plaintiff claimed to be unconstitutional.