Matter of Bleich v. O'Dwyer

New York Court of Appeals

Matter of Bleich v. O'Dwyer

75 N.E.2d 753, 297 N.Y. 652, 1947 N.Y. LEXIS 1129

DecidedOctober 17, 1947

StatusPublished

This text of 75 N.E.2d 753 (Matter of Bleich v. O'Dwyer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Bleich v. O'Dwyer, 75 N.E.2d 753, 297 N.Y. 652, 1947 N.Y. LEXIS 1129 (N.Y. 1947).

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Opinion

Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ.; Thacheb, J., dissents in the following memorandum: I am constrained to dissent. During the period in question all salaries and expenses of the Transit Commission except the salaries of its commissioners, secretary and counsel were subjected to the budget-making powers and procedure of the city, and were required to be audited and to be paid in the same manner as are the expenses of an agency of the city, as prescribed in the charter thereof (L. 1940, ch. 246). The earlier enactments (L. 1937, ch. 859 and L. 1939, ch. 955) could not impair the powers subsequently granted.

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Order affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ.; Thacheb, J., dissents in the following memorandum: I am constrained to dissent. During the period in question all salaries and expenses of the Transit Commission except the salaries of its commissioners, secretary and counsel were subjected to the budget-making powers and procedure of the city, and were required to be audited and to be paid in the same manner as are the expenses of an agency of the city, as prescribed in the charter thereof (L. 1940, ch. 246). The earlier enactments (L. 1937, ch. 859 and L. 1939, ch. 955) could not impair the powers subsequently granted.

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Bluebook (online)

75 N.E.2d 753, 297 N.Y. 652, 1947 N.Y. LEXIS 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-bleich-v-odwyer-ny-1947.