White v. Mayor of New York

New York Court of Common Pleas

White v. Mayor of New York

4 E.D. Smith 563

New York Court of Common Pleas·Decided December 15, 1855·Published

Opinion

By the Court.

Daly, J.

The appointment is by the commissioner and by the board of aldermen. The one nominates and the .other confirms, and the act of both is essential to a valid appointment. The plaintiff was thus appointed, and there was no appointment of a successor until the nomination of Glover was confirmed by the board of aldermen. Until that day, the 3d of July, 1854, he was the superintendent of streets, and was entitled to recover the quarter’s salary.

Judgment affirmed.

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By the Court.

Daly, J.

The appointment is by the commissioner and by the board of aldermen. The one nominates and the .other confirms, and the act of both is essential to a valid appointment. The plaintiff was thus appointed, and there was no appointment of a successor until the nomination of Glover was confirmed by the board of aldermen. Until that day, the 3d of July, 1854, he was the superintendent of streets, and was entitled to recover the quarter’s salary.

Judgment affirmed.

White v. Mayor of New York, 4 E.D. Smith 563 (N.Y. Super. Ct. 1855).

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