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MATTER OF ALWEIS v. WAGNER

14 N.Y.2d 923 (1964)

In the Matter of Jack Alweis et al., Respondents, v. Robert F. Wagner et al., Constituting the Board of Estimate of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1964.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Alfred Weinstein, Seymour B. Quel and Irwin L. Herzog of counsel), for appellants.

Samuel Resnicoff and Paul Silverstein for respondents.

Chief Judge DESMOND and Judges DYE, BURKE and BERGAN concur in MEMORANDUM; Judge FULD dissents and votes to affirm in an opinion in which Judges VAN VOORHIS and SCILEPPI concur.

MEMORANDUM.

Order granting relief in the nature of mandamus against the Board of Estimate reversed and petition dismissed, with costs. The statute under which the Supreme Court Justices of Kings County in January, 1962 fixed at substantial increases the salaries of petitioners for the fiscal year 1962-1963 (Judiciary Law, § 315) was superseded on September 1, 1962 by the constitutional provision which vested in the Board...

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