Kogel v. McGoldrick

Appellate Division of the Supreme Court of New York

Kogel v. McGoldrick

264 A.D. 898, 35 N.Y.S.2d 916, 1942 N.Y. App. Div. LEXIS 5299

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

DecidedJune 29, 1942

StatusPublished

This text of 264 A.D. 898 (Kogel v. McGoldrick) 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

Kogel v. McGoldrick, 264 A.D. 898, 35 N.Y.S.2d 916, 1942 N.Y. App. Div. LEXIS 5299 (N.Y. Ct. App. 1942).

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Opinion

■— Appeal from an order directing certain payments to be made to a public official who has entered the service of the United States as a military officer, such payments being the difference between the amount of his compensation as a public official and the amount of his compensation as a military officer. The purpose of the act (Military Law, § 245) can be fully served only by including “ subsistence and quarters ” within the term “ compensation ” in the military service as well as in the civil service. The order is accordingly modified on the law and the facts by directing that respondent be paid at the rate of $1,602 per annum, being the difference between $6,750, respondent’s yearly compensation in the civil [899]*899service, and $5,148, respondent’s yearly compensation in the military service. As thus modified, the order is unanimously affirmed, without costs. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ. Settle order on notice. [178 Misc. 105.]

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■— Appeal from an order directing certain payments to be made to a public official who has entered the service of the United States as a military officer, such payments being the difference between the amount of his compensation as a public official and the amount of his compensation as a military officer. The purpose of the act (Military Law, § 245) can be fully served only by including “ subsistence and quarters ” within the term “ compensation ” in the military service as well as in the civil service. The order is accordingly modified on the law and the facts by directing that respondent be paid at the rate of $1,602 per annum, being the difference between $6,750, respondent’s yearly compensation in the civil [899]*899service, and $5,148, respondent’s yearly compensation in the military service. As thus modified, the order is unanimously affirmed, without costs. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ. Settle order on notice. [178 Misc. 105.]

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Bluebook (online)

264 A.D. 898, 35 N.Y.S.2d 916, 1942 N.Y. App. Div. LEXIS 5299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kogel-v-mcgoldrick-nyappdiv-1942.

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