Kilroe v. Craig

• Decision Date: 05 July 1924
• Parties: In the Matter of the Application of Edwin P. KILROE, Appellant, for a Peremptory Order of Mandamus v. Charles L. CRAIG, as Comptroller of the City of New York, Respondent.
• Court: New York Court of Appeals Court of Appeals

238 N.Y. 628

144 N.E. 920

In the Matter of the Application of Edwin P. KILROE, Appellant, for a Peremptory Order of Mandamus

v.Charles L. CRAIG, as Comptroller of the City of New York, Respondent.

Court of Appeals of New York.

July 5, 1924.

Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (208 App. Div. 93,203 N. Y. Supp. 71), entered February 8, 1924, which reversed an order of Special Term granting a motion for a peremptory order of mandamus to compel the comptroller of the city of New York to consider the claim of the relator for expenses and disbursements incurred by him in successfully defending himself against charges of alleged misconduct in office as an assistant district attorney of the county of New York.

Robert S. Johnstone, William M. K. Olcott, and Neilson Olcott, all of New York City, for appellant.

George P. Nicholson, Corp. Counsel, of New York City (John F. O'Brien, John Lehman, and Henry J. Shields, all of New York City, of counsel), for respondent.

PER CURIAM.

Order affirmed, with costs.

HISCOCK, C. J., and CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS, and LEHMAN, JJ., concur.