Taitt v. Wagner

Appellate Division of the Supreme Court of New York

Taitt v. Wagner

26 A.D.2d 881, 274 N.Y.S.2d 403, 1966 N.Y. App. Div. LEXIS 3214

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

DecidedOctober 27, 1966

StatusPublished

This text of 26 A.D.2d 881 (Taitt v. Wagner) 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

Taitt v. Wagner, 26 A.D.2d 881, 274 N.Y.S.2d 403, 1966 N.Y. App. Div. LEXIS 3214 (N.Y. Ct. App. 1966).

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Opinion

Reynolds, J.

Appeal from a judgment of the Supreme Court, County of New York (transferred to this court by order of the First Department dated April 21, 1966) in a proceeding pursuant to CPLR article 78, denying appellant’s demand that respondents be compelled to pay him the salary received by certain other assistant deputy clerks retroactively to September 3, 1963 and dismissing his petition. Appellant has not shown the requisite, clear legal right to relief as to entitle him to an order of mandamus (Matter of Alweis v. Wagner, 14 N Y 2d 923; Matter of Dreher v. Wagner, 14 N Y 2d 926; see Barkovich v. Beame, 25 A D 2d 518; see, also, Matter of Goldberg v. Beame, 22 A D 2d 520). Judgment affirmed, without costs. Herlihy, J. P., and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Reynolds, J.

Appeal from a judgment of the Supreme Court, County of New York (transferred to this court by order of the First Department dated April 21, 1966) in a proceeding pursuant to CPLR article 78, denying appellant’s demand that respondents be compelled to pay him the salary received by certain other assistant deputy clerks retroactively to September 3, 1963 and dismissing his petition. Appellant has not shown the requisite, clear legal right to relief as to entitle him to an order of mandamus (Matter of Alweis v. Wagner, 14 N Y 2d 923; Matter of Dreher v. Wagner, 14 N Y 2d 926; see Barkovich v. Beame, 25 A D 2d 518; see, also, Matter of Goldberg v. Beame, 22 A D 2d 520). Judgment affirmed, without costs. Herlihy, J. P., and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Bluebook (online)

26 A.D.2d 881, 274 N.Y.S.2d 403, 1966 N.Y. App. Div. LEXIS 3214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taitt-v-wagner-nyappdiv-1966.