Gresser v. O'Brien
| Citation | 189 N.E. 727,263 N.Y. 622 |
| Parties | In the Matter of Lawrence T. GRESSER, Appellant, against John P. O'BRIEN et al., Constituting the Board of Estimate and Apportionment of the City of New York, Respondents. |
| Decision Date | 09 January 1934 |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal on constitutional grounds from an order of a Special Term of the Supreme Court in and for the county of New York (146 Misc. 909, 263 N. Y. S. 68), entered March 4, 1933, which denied a motion by petitioner, a justice of the Court of Special Sessions of the city of New York, for a peremptory order of mandamus to compel the board of estimate and apportionment to make provision in the revised budget of the city of New York for the year 1933 for 90 per centum of the salary of petitioner, as fixed at the time of his appointment. The petitioner alleged in his petition that he was willing to accept in full for his salary for 1933 90 per centum of such salary as theretofore fixed, without prejudice to his right to claim that such attempted reduction was null and void. The respondents, acting pursuant to the alleged authority of chapters 636 and 637 of the Laws of 1932 (Ex. Sess.), had revised the former budget by providing for salaries of justices of the Court of Special Sessions of the city of New York at a reduction of somewhat more than 14 per centum. The appellant contended that such salaries were protected from legislative reduction by that portion of section 19 of article 6 of the State Constitution in effect Jan. 1, 1926, which reads as follows: ‘All judges, justices and surrogates shall receive for their services such compensation as is now or may hereafter be established by law provided only that such compensation shall not be diminished during their respective terms of office.’ The court at Special Term held that the provision quoted does not apply to judges of inferior local courts.
Frank C. Laughlin and Stewart W. Bowers, both of New York City, for appellant.
Arthur J. W. Hilly, Corp. Counsel, of New York City (J. Joseph Lilly and William E. C. Mayer, both of New York City, of counsel), for respondents.
Daniel J. Kenfick, of Buffalo, for Robert J. Summers, amicus curiae.
Order affirmed.
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...in this respect does not apply to judges not so fortunately situated. Gresser v. O'Brien, 146 Misc. 909, 263 N.Y.S. 68, affirmed 263 N.Y. 622, 189 N.E. 727. framers of our Constitution not only safeguarded the judiciary against coercion or oppression by means of the diminution of salary, or......