MATTER OF BERGERMAN v. GEROSA


208 Misc. 477 (1955)

In the Matter of Milton M. Bergerman, Individually and as Chairman of Citizens Union of the City of New York, Petitioner, v. Lawrence E. Gerosa, as Comptroller of The City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

June 13, 1955.


Attorney(s) appearing for the Case

Samuel D. Smoleff for petitioner.

Peter Campbell Brown, Corporation Counsel (W. Bernard Richland of counsel), for respondents.

John P. McGrath for James J. Lyons, intervenor-respondent.


STEUER, J.

This is a proceeding under article 78 of the Civil Practice Act, directed to the comptroller of the City of New York seeking a direction to prevent him from paying any claims that may be presented to him pursuant to chapter 842 of the Laws of 1955, on the ground that such act is unconstitutional.

The statute provides that any present elected incumbent of any elective public office of any city...

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