Eberhard v. City of New York

New York Supreme Court

Eberhard v. City of New York

163 Misc. 370, 295 N.Y.S. 1001, 1936 N.Y. Misc. LEXIS 1681

New York Supreme Court·Decided April 30, 1936·Published·Cited by 7 cases

Opinion

Callahan; J.

I am of the opinion that the plaintiff is a constitutional officer within the provisions of section 9 of article 10 of the State Constitution. The remaining question is whether the fixation of salary by the board of estimate for plaintiff’s position in the budget for 1934 (which was adopted before plaintiff’s election) controls the amount to which the constitutional protection applies. This entails inquiry into the scope of the Laws of 1932 (Ex. Sess.), chapter 637. By express exception contained in section 2 said act did not apply to the salaries or compensation of any “ officer, employee or other person in the following State courts: * * * the Supreme Court within the First Judicial District.” The county clerk of Bronx county, within that county, is clerk of the Supreme Court, First Judicial District. (Const. art. 6, § 21; Olmsted v. Meahl, 219 N. Y. 270.) Plaintiff, as an officer of the Supreme Court, is thus exempted from the provisions of the statute.

Plaintiff’s motion for summary judgment is granted. Settle order.

Free access — add to your briefcase to read the full text and ask questions with AI

Callahan; J.

I am of the opinion that the plaintiff is a constitutional officer within the provisions of section 9 of article 10 of the State Constitution. The remaining question is whether the fixation of salary by the board of estimate for plaintiff’s position in the budget for 1934 (which was adopted before plaintiff’s election) controls the amount to which the constitutional protection applies. This entails inquiry into the scope of the Laws of 1932 (Ex. Sess.), chapter 637. By express exception contained in section 2 said act did not apply to the salaries or compensation of any “ officer, employee or other person in the following State courts: * * * the Supreme Court within the First Judicial District.” The county clerk of Bronx county, within that county, is clerk of the Supreme Court, First Judicial District. (Const. art. 6, § 21; Olmsted v. Meahl, 219 N. Y. 270.) Plaintiff, as an officer of the Supreme Court, is thus exempted from the provisions of the statute.

Plaintiff’s motion for summary judgment is granted. Settle order.

Eberhard v. City of New York, 163 Misc. 370, 295 N.Y.S. 1001, 1936 N.Y. Misc. LEXIS 1681 (N.Y. Super. Ct. 1936).

Pincite

163 Misc. 370 (Eberhard v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related