# Nelson v. The Board of Higher Education

> Appellate Division of the Supreme Court of the State of New York · December 19, 1941 · 263 A.D. 144

URL: https://www.frixlaw.com/law-library/cases/5369679

## Case

- **Full name:** George E. Nelson v. The Board of Higher Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 19, 1941
- **Citations:** 263 A.D. 144; 31 N.Y.S.2d 825; 1941 N.Y. App. Div. LEXIS 4550
- **Precedential status:** Published
- **Opinion:** Dissent by Martin
- **Judges:** Cohn, Martin
- **Cited by:** 23 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/5369679

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5369679. Public record. Not legal advice.