# Hamburger v. Board of Estimate and Apportionment

> Appellate Division of the Supreme Court of the State of New York · November 15, 1905 · 109 A.D. 427

URL: https://www.frixlaw.com/law-library/cases/5197085

## Case

- **Full name:** In the Matter of the Application of Robert Hamburger, for a Writ of Mandamus v. The Board of Estimate and Apportionment of the City of New York, Requiring Said Board to Fix His Salary, as Required by Law
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 15, 1905
- **Citations:** 109 A.D. 427; 96 N.Y.S. 130
- **Precedential status:** Published
- **Opinion:** Concurrence by Brien
- **Judges:** Brien, Clarke
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5197085

## Opinion text

O’Brien, P. J. (concurring):
I concur in the result for the reason that I think the further change made in the revised charter of 1901, and the amendment by chapter 435 of the Laws of 1902, operated to change the law as it stood when this court considered the'question in Baker v. City of New York ( 56 App. Div. 350 ). Under these amendments, I think that the Legislature has- conferred upon the board of esti-. mate an(d apportionment- the power to fix the salary of stenogra- - phers upon -the written recommendation of the coroners of the borough of The Bronx.
Order reversed, with costs, and motion denied, with costs

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5197085. Public record. Not legal advice.