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BD. OF EDUC. OF CITY OF SYRACUSE v. KING

280 A.D. 458 (1952)

Board of Education of the City of Syracuse, Plaintiff, v. Chester H. King, as Auditor of The City of Syracuse, Defendant

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

July 9, 1952.

Attorney(s) appearing for the Case

Henry S. Fraser for plaintiff.

George L. Richardson, Corporation Counsel (Richard T. Mosher of counsel), for defendant.

All concur. Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

KIMBALL, J.

This case was submitted to the court upon an agreed statement of facts. Both parties have prayed for a declaration of their respective rights and duties. We find that the case is a proper one for a declaratory judgment.

The question submitted relates to the authority and duty of the defendant, as auditor of the city of Syracuse, to issue warrants for the payment of certain salary increases...

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