Appellate Division of the Supreme Court of New York, 1939

Conroy v. LaGuardia

Appellate Division of the Supreme Court of New York · Decided December 8, 1939

258 A.D. 222; 15 N.Y.S.2d 944; 1939 N.Y. App. Div. LEXIS 6400

Counsel

Luke J. Le Rolle, for the appellant., Henry J. Shields of counsel [Paxton Blair with him on the brief; William C. Chanler, Corporation Counsel, attorney], for the respondents.

Opinion of the Court

Per Curiam.

Whatever the status of petitioner (a clerk in the office of the clerk of the county of the Bronx) may be generally or under other specific statutes, rules and regulations, it seems clear that he is not, under Local Law 26 of 1937 (Administrative Code of the City of New York, § B40-6.1) a person “ in the service of the city * * * ” in a “ department of the city.” He, accordingly, is not entitled to the benefits of said law.

*223The order, therefore, should be affirmed, with twenty dollars costs and disbursements.

Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.

Order unanimously affirmed, with twenty dollars costs and disbursements.

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