People ex rel. Grimshaw v. Prendergast

Counties (§ 69*)—Mandamus (§ 101*)—County Register—Oertieioation oe Pay Roll. Under Greater New York Charter (Laws 1901, c. 466) § 1543, authorizing every officer of any of the counties within the city of New York to make ratable deductions from the salaries of subordinates on account of absences without leave, the register of a county may make a ratable deduction from a subordinate’s salary, absent without leave on account of illness, and where a subordinate, entitled to his salary until his removal or suspension for cause subject to a ratable deduction for absence without leave, was absent with leave on account of'illness, and then received notices from the register and his deputy that his leave would extend to a designated date, and that thereafter he would be suspended from pay until such time as he returned to work, and he remained absent after the designated date, the register in his discretion could make a ratable deduction from the salary after such date, and the subordinate could not by mandamus compel the register to certify to the civil service commission pay rolls or supplemental pay rolls for the balance of his salary. [Ed. Note.—For other cases, see Counties, Cent. Dig. §§ 104-116; Dec. Dig. § 69;* Mandamus, Cent. Dig. §§ 211-216; Dec. Dig. § 101.*] ♦Jor other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

Mandamus by the people, on the relation of William A. Grimshaw, against William A. Prendergast, register of Kings county, to compel defendant to certify to the Civil Service Commission pay rolls or supplemental pay rolls in favor of relator. Denied. Order and decision affirmed without opinion in 132 App. Div. 937, 116 N. Y. Supp. 1144, 197 N. Y. 538, 91 N. E. 1119. The following is the order denying relief: A motion having been made herein upon an order to show cause bearing date the 7th day of January, 1909, returnable before this court on the 12th day of January, 1909, for an order granting to the above-named relator a peremptory writ of mandamus requiring the defendant herein to prepare, furnish, and certify to the civil service commission of the state of New York pay rolls or supplemental pay rolls for the months of November and December, 1908, containing the name of the relator at a salary of one hundred and twenty-five dollars ($125) for each of said months or the difference between said sum of one hundred and twenty-five dollars ($125) for each of said months and the amounts already certified therefor as required by law and the rules made pursuant to law, to the end that the said salary may be paid to the relator. And the motion having duly come on to be heard: Now, on reading and filing the said order to show cause, and the petition of the relator duly verified the 7th day of January, 1909, and the answering affidavit of the defendant" duly verified the 12th day of January, 1909, and, after hearing Robert H. Wilson, Esq., of counsel for the relator, in favor of said motion, and Jesse Fuller, Jr., Esq., of counsel for the defendant in opposition thereto, and due deliberation having been had thereon, now, on motion of Jesse Fuller, Jr., Esq., attorney for the defendant, it is ordered that the motion for an order granting to the above-named relator a peremptory writ of mandamus as prayed for herein be, .and the same is hereby, denied as a matter of law, and not in the exercise of discretion.