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MATTER OF WARDEN (NEWBURGH POLICE DEPT)

300 N.Y. 39 (1949)

In the Matter of the Application of Herbert A. Warden, Appellant. Police Department of the City of Newburgh et al., Respondents.

Court of Appeals of the State of New York.

Decided October 14, 1949

Attorney(s) appearing for the Case

Henry Grusky, individually, for petitioner-appellant, and, as Corporation Counsel, for Lemma B. Crabtree, as City Clerk of the City of Newburgh, respondent.

Donald A. Walsh for New York State Conference of Mayors and Other Municipal Officials, amicus curiæ, in support of appellant's position.

Henry Hirschberg and Ernest M. Levinson for Police Department of the City of Newburgh and another, respondents.

Edward G. O'Neill for Newburgh Firemen's Welfare Association, amicus curiæ, in support of respondents' position.

Charles H. Gaffney for Kingston Patrolmen's Association, amicus curiæ, in support of respondents' position.

LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ., concur.

LOUGHRAN, Ch. J.

This case presents questions as to the scope and meaning of several provisions of the City Home Rule Law.

On May 18, 1949, there was filed with the City Clerk of the City of Newburgh a petition for submission to the electors of the city of a proposed local law which would alter the city charter by adding thereto a provision fixing minimum annual salaries for members of the police department...

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