p. 603William J. Schieffelin, Respondent, v. Charles W. Berry, as Comptroller of the City of New York, et al., Appellants. (Argued September 29, 1926; decided October 19, 1926.)
Headnote
New York city — civil service — retirement system — local laws amending charter relative to retirement system invalid.Schieffelin v. Berry, 217 App. Div. 451 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart
p. 604
ment, entered June 4, 1926, which affirmed an order of Special Term granting a motion for an injunction pendente lite in a taxpayer’s action to enjoin the payment of a retirement allowance to defendant John F. Hylan.
The following questions were certified:
“ 1. Does the complaint state facts sufficient to constitute a cause of action?
“ 2. Had the municipal assembly of the city of New York the power to enact Local Law No. 10 of the year 1925?
“ 3. Had the municipal assembly of the city of New York the power to enact Local Law No. 18 of the year 1925? ”
Order affirmed, with costs; first question certified answered in the affirmative; second and third in the negative;
George P. Nicholson, Corporation Counsel (John F. O'Brien, William E. C. Mayer and Arthur Sweeny of counsel), for Charles W. Berry, as comptroller, et al., appellants.
John Lehman for John F. Hylan, appellant.
Leonard M. Wallstein and Ralph M. Frink for respondent.
no opinion.
Concur: Hiscock, Ch. J., Cardozo, McLaughlin, Andrews and Lehman, JJ.
Dissenting: Pound and Crane, JJ.