Petitioner’s position as a teacher in The College of the City of New York was declared in excess by a resolution adopted by respondents on October 18, 1943, which also purported to abolish the position retroactively as of September 1, 1943. Petitioner’s services, however, were available to respondents from September 1,1943, to the day her position was abolished and she is entitled to receive her salary for that period. Insofar as the resolution attempts to deprive petitioner of her salary by abolishing her position retroactively, it is invalid. The orders should be modified to the extent of directing respondents to pay petitioner her salary for the period from September 1, *548 1943, to October 18, 1943, and, as so modified, affirmed, without costs.

The orders should be modified, without costs, in accordance with this opinion, and, as so modified, affirmed.

Loughran, Ch. J., Lewis, Conway, Desmond, Thacher and Fuld, JJ., concur; Dye, J-, taking no part.

Ordered accordingly.