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Matter of Black v. O'Brien

Court of Appeals of the State of New York
Apr 17, 1934
190 N.E. 489 (N.Y. 1934)

Opinion

Argued March 21, 1934

Decided April 17, 1934

Appeal from the Supreme Court, Appellate Division, Third Department.

I. Gainsburg and Joseph P. Segal for appellant.

Paul Windels, Corporation Counsel ( Paxton Blair and Edmund L. Palmieri of counsel), for respondents.


Even if we were to assume that part of the petitioner's salary as defined by the Constitution has been withheld, the court in the exercise of its discretion might deny the remedy of mandamus.

The order should be affirmed, with costs.

POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ., concur; KELLOGG, J., not sitting.

Order affirmed.


Summaries of

Matter of Black v. O'Brien

Court of Appeals of the State of New York
Apr 17, 1934
190 N.E. 489 (N.Y. 1934)
Case details for

Matter of Black v. O'Brien

Case Details

Full title:In the Matter of WILLIAM H. BLACK, a Justice of the Supreme Court…

Court:Court of Appeals of the State of New York

Date published: Apr 17, 1934

Citations

190 N.E. 489 (N.Y. 1934)
190 N.E. 489

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