Appellate Division of the Supreme Court of New York, 1921

People ex rel. Smyth v. Craig

Appellate Division of the Supreme Court of New York · Decided March 4, 1921 · Smith

195 A.D. 857; 186 N.Y.S. 876; 1921 N.Y. App. Div. LEXIS 4848

Counsel

John F. O’Brien of counsel [George P. Nicholson and Russell Lord Tarbox with him on the brief; John P. O’Brien, Corporation Counsel], for the appellant., Isidor J. Kresel, for the respondent.

Cases that cite this one

1 later published case cites this decision.

People ex rel. Manley v. Craig (Appellate Division of the Supreme Court of New York 1921)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Smith, J.:

The bill as rendered for which the warrant is directed is for $6,500; $6,000 thereof is for services rendered after relator had been appointed Deputy Attorney-General; $500 thereof is for services rendered to the Attorney-General as counsel prior to the appointment of the relator as a deputy. As to the services rendered as Deputy Attorney-General the appeal should be determined as announced in the case of People ex rel. Randy v. Craig (195 App. Div. 850), the decision of which is handed down herewith. As to the services rendered as counsel to the Attorney-General, I find no legislative authority to the Attorney-General to fix the compensation thereof at $500. Therefore, I think the claim is subject to the audit of the comptroller. The* order should, therefore, be modified so as to direct the comptroller to draw his warrant for the sum of $6,000, and as modified affirmed, without costs.

Clarke, P. J., and Dowling, J., concur; Page, J., dissents as to the compensation after appointment as Deputy Attorney-General; Greenbaum, J., dissents with an opinion, which is printed on page 856.

Order modified as directed in opinion and as so modified affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.