Greene v. Dunscomb

Appellate Division of the Supreme Court of New York

Greene v. Dunscomb

257 A.D. 961, 13 N.Y.S.2d 288, 1939 N.Y. App. Div. LEXIS 8687

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1939·Published

Opinion

■ — • Submission of controversy on an agreed statement of facts. The petitioner, acting police justice of the village of Ossining, contends that his compensation should be fixed by the board of trustees of the village and paid in equal monthly installments. The respondents contend that petitioner is entitled to the compensation provided by section 145 of chapter 667 of the Laws of 1910, as amended. Judgment unanimously directed in favor of respondents in accordance with paragraphs 1, 2, 3, 5 and 6 of respondents’ request for relief, without costs. In reaching this determination we do not deem it necessary and have not passed upon the constitutionality of chapter 567, Laws of 1938.

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■ — • Submission of controversy on an agreed statement of facts. The petitioner, acting police justice of the village of Ossining, contends that his compensation should be fixed by the board of trustees of the village and paid in equal monthly installments. The respondents contend that petitioner is entitled to the compensation provided by section 145 of chapter 667 of the Laws of 1910, as amended. Judgment unanimously directed in favor of respondents in accordance with paragraphs 1, 2, 3, 5 and 6 of respondents’ request for relief, without costs. In reaching this determination we do not deem it necessary and have not passed upon the constitutionality of chapter 567, Laws of 1938.

Greene v. Dunscomb, 257 A.D. 961, 13 N.Y.S.2d 288, 1939 N.Y. App. Div. LEXIS 8687 (N.Y. Ct. App. 1939).

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