Gambino v. City of Peekskill

Appellate Division of the Supreme Court of New York

Gambino v. City of Peekskill

269 A.D. 781, 55 N.Y.S.2d 107, 1945 N.Y. App. Div. LEXIS 3817

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

DecidedMay 14, 1945

StatusPublished

This text of 269 A.D. 781 (Gambino v. City of Peekskill) 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

Gambino v. City of Peekskill, 269 A.D. 781, 55 N.Y.S.2d 107, 1945 N.Y. App. Div. LEXIS 3817 (N.Y. Ct. App. 1945).

Pincite

Opinion

Action to recover a sum of money claimed to be due to the plaintiff as salary as a City Judge of the City of Peekskill, claimed to have accrued during the years 1941, 1942 and 1943. Plaintiff moved for summary judgment under rule 113 of the Buies of Civil Practice. The motion was denied and plaintiff appeals. Order modified on the law by adding thereto a provision dismissing the complaint and awarding judgment to the defendant. As thus modified, the order is affirmed, without costs. The plaintiff, as a City Judge under the charter of the City of Peekskill (L. 1938, ch. 194), is not a police justice and, therefore, section 78 of the Code of Criminal Procedure does not disable the City Council from assuming to reduce his salary pursuant to the power granted to it under the City Charter. (People v. Kraft, 229 App. Div. 281; Wear v. Truitt, 173 App. Div. 344; Haggerty v. City of New York, 267 N. Y. 252; Matter of Abrams v. La Guardia, 287 N. Y. 717.) The case of Matter of Birmingham v. Abrams (240 App. Div. 995) is not (o the contrary. Close, P. J.. Hagarty, Carswell, Adel and Lewis, JJ., concur.

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

Action to recover a sum of money claimed to be due to the plaintiff as salary as a City Judge of the City of Peekskill, claimed to have accrued during the years 1941, 1942 and 1943. Plaintiff moved for summary judgment under rule 113 of the Buies of Civil Practice. The motion was denied and plaintiff appeals. Order modified on the law by adding thereto a provision dismissing the complaint and awarding judgment to the defendant. As thus modified, the order is affirmed, without costs. The plaintiff, as a City Judge under the charter of the City of Peekskill (L. 1938, ch. 194), is not a police justice and, therefore, section 78 of the Code of Criminal Procedure does not disable the City Council from assuming to reduce his salary pursuant to the power granted to it under the City Charter. (People v. Kraft, 229 App. Div. 281; Wear v. Truitt, 173 App. Div. 344; Haggerty v. City of New York, 267 N. Y. 252; Matter of Abrams v. La Guardia, 287 N. Y. 717.) The case of Matter of Birmingham v. Abrams (240 App. Div. 995) is not (o the contrary. Close, P. J.. Hagarty, Carswell, Adel and Lewis, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

269 A.D. 781, 55 N.Y.S.2d 107, 1945 N.Y. App. Div. LEXIS 3817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gambino-v-city-of-peekskill-nyappdiv-1945.

Opinion

Related

Cite This Page — Counsel Stack