Sullivan v. City of New York

Appellate Division of the Supreme Court of New York

Sullivan v. City of New York

246 A.D. 550

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1935·Published

Opinion

Action to recover salary for the month of January, 1933, as commissioner of city planning. Judgment for plaintiff for $1,331.65 unanimously affirmed, with costs. In our opinion, the office was not abolished until February 1, 1933; plaintiff’s testator was entitled to the salary of the office for the month of January, 1933, and mandamus was not the respondent’s exclusive remedy. Present — Carswell, Scudder, Tompkins, Davis and Johnston, JJ.

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Action to recover salary for the month of January, 1933, as commissioner of city planning. Judgment for plaintiff for $1,331.65 unanimously affirmed, with costs. In our opinion, the office was not abolished until February 1, 1933; plaintiff’s testator was entitled to the salary of the office for the month of January, 1933, and mandamus was not the respondent’s exclusive remedy. Present — Carswell, Scudder, Tompkins, Davis and Johnston, JJ.

Sullivan v. City of New York, 246 A.D. 550 (N.Y. Ct. App. 1935).

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