Nelson v. Bd. of Higher Educ. of New York
| Decision Date | 28 May 1942 |
| Citation | 288 N.Y. 649,42 N.E.2d 744 |
| Parties | George A. NELSON, Respondent, v. BOARD OF HIGHER EDUCATION OF CITY OF NEW YORK, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 263 App.Div. 144, 31 N.Y.S.2d 825.
Action by George E. Nelson against the Board of Higher Education of the City of New York for a declaratory judgment. Plaintiff, an associate librarian at the College of the City of New York, asserted that he was entitled to receive a salary in accordance with the schedule of salaries adopted by the Board of Trustees of the College on December 15, 1927, and filed with the State Commissioner of Education on March 5, 1931.
The schedule of salaries adopted and filed specified that the salary of associate librarians should be not less than $4,000 nor more than $5,592 and that the maximum was to be reached by fixed annual increments. Pursuant to that schedule, plaintiff received a salary during 1939 of $4,780. On July 6, 1939, the Board of Higher Education adopted a by-law to the effect that there shall be no fixed increments for associate librarians save in exceptional cases. Plaintiff's increments were thereupon denied him, and the by-law, plaintiff contended, was void because it conflicted with the mandate of section 889 of the Education Law, Consol.Laws, c. 16. Defendant maintained that it had the right to withhold the salary increases of plaintiff by reason of the by-law adopted in 1939 purporting to do away with increments for associate librarians.
From so much of an order and judgment as awarded judgment on the pleadings to plaintiff declaring void a by-law adopted on June 26, 1935, and ordered that plaintiff be paid a salary in accordance with salary schedules adopted by the trustees of the college on December 15, 1927, until he received a maximum salary of $5,592 as therein provided, defendant appealed, and from so much of the order and judgment as denied plaintiff's motion for judgment on the pleadings for back salary, on the ground that the pleadings did not establish that plaintiff had signed defendant's pay rolls for the period under protest, plaintiff cross appealed, and the Appellate Division, 263 App.Div. 144, 31 N.Y.S2d 825, modified the order and judgment by awarding plaintiff judgment for $160 for the balance of increment due in 1940 and for $160 being the half of the current year's increment and eliminating therefrom the provisions severing the claim for past...
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