People ex rel. Walters v. Prendergast 218 N.Y. 629

The People of the State of New York ex rel. Aloysius H. Walters, by John D. Walters, His Guardian ad Litem, Appellant, v. William A. Prendergast, as Comptroller of the City of New York, Respondent.

People ex rel. Walters v. Prendergast, 171 App. Div. 941, affirmed.

(Argued April 11, 1916;

decided April 25, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 14,1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendant to issue a warrant for arrears of salary alleged to be due relator for services rendered as clerk in the department of education in- the city of New York. The relator was appointed clerk in the department of education at a salary of $300 per annum. Subsequently the board of education adopted a resolution increasing his salary to $400 per annum, and a supplemental payroll was prepared and forwarded to the comptroller, who contends that, as the supplemental payroll represents a difference in salary between the compensation provided for the position held by relator in the budget for 1915 and said salary as increased by the board of education, he cannot audit the same.

Alfred J. Talley and Denis R. O'Brien for appellant.

A. Stern for department of education of city of New York.

Lamar Hardy, Corporation Counsel (Terence Farley and Charles McIntyre of counsel), for respondent.