Opinion

Nelson v. The Board of Higher Education

  • 263 A.D. 144
  • 31 N.Y.S.2d 825
  • 1941 N.Y. App. Div. LEXIS 4550
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 19, 1941
Status
Published
Author
Martin
On the bench
Cohn, Martin
Cited by
23 cases

The opinion

Martin, P. J.

(dissenting). In so far as the majority opinion holds that plaintiff is entitled to recover back increments though he failed to sign the payrolls under protest, I dissent. The disbursements of the board of higher education are subject to audit by the comptroller. Section 93c-2.0 of the Administrative Code is found in the chapter covering the office of comptroller, and would seem to be intended to be applicable to all salary payments subject to the comptroller’s audit.

Order and judgment modified as indicated in opinion of Cohn, J. Settle order on notice.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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