MATTER OF FALOTICO v. CLAUSON


276 A.D. 773 (1949)

In the Matter of Vincent L. Falotico et al., Respondents, v. Andrew G. Clauson et al., Constituting The Board of Education of the City of New York, Appellants In the Matter of Benjamin Harris, Respondent, v. Andrew G. Clauson et al., Constituting The Board of Education of the City of New York, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 14, 1949.


Order reversed on the law, without costs, and petitions dismissed, without costs. The findings of fact are affirmed.

If we assume, without deciding, that the municipal civil service commission was without power to establish a salary maximum of $4,259 per annum for petitioners, it does not follow that petitioners are entitled to an order directing the certification and payment by appellants of salaries of $4,260 per annum. It clearly was the intent of the commission...

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