Donohoe v. O'Dwyer

Appellate Division of the Supreme Court of New York

Donohoe v. O'Dwyer

272 A.D.2d 941

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1947

StatusPublished

This text of 272 A.D.2d 941 (Donohoe v. O'Dwyer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donohoe v. O'Dwyer, 272 A.D.2d 941 (N.Y. Ct. App. 1947).

Pincite

Opinion

In a proceeding pursuant to article 78 of the Civil Practice Act, brought by appellants, employees of the County Court of Queens County, to compel payment of increased salaries, order denying appellants’ application unanimously affirmed, without costs. In our opinion, the Special Term correctly decided that in the absence of joint action by the County Judges of Queens County, appellants were not entitled to the increases which they contended were provided in the separate budget estimates filed by the County Judges. If the County Judges cannot agree on a practical method of exercising their powers in administrative matters, the remedy must be supplied by the Legislature, and not by the courts. Present — Hagarty, Acting P. J., Adel, Nolan and Sneed, JJ.

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In a proceeding pursuant to article 78 of the Civil Practice Act, brought by appellants, employees of the County Court of Queens County, to compel payment of increased salaries, order denying appellants’ application unanimously affirmed, without costs. In our opinion, the Special Term correctly decided that in the absence of joint action by the County Judges of Queens County, appellants were not entitled to the increases which they contended were provided in the separate budget estimates filed by the County Judges. If the County Judges cannot agree on a practical method of exercising their powers in administrative matters, the remedy must be supplied by the Legislature, and not by the courts. Present — Hagarty, Acting P. J., Adel, Nolan and Sneed, JJ.

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Bluebook (online)

272 A.D.2d 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donohoe-v-odwyer-nyappdiv-1947.