New York Court of Appeals, 1934

Matter of Black v. O'Brien

New York Court of Appeals · Decided April 17, 1934 · <italic>Per Curiam.</italic>

190 N.E. 489; 264 N.Y. 272; 1934 N.Y. LEXIS 1425 (North Eastern Reporter)

Opinion of the Court

Per Curiam.

Even if we were to assume that part of the petitioner’s salary as defined by the Constitution *274 has been withheld, the court in the exercise of its discretion might deny the remedy of mandamus.

The order should be affirmed, with costs.

Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Crouch, JJ., concur; Kellogg, J., not sitting.

Order affirmed.

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