Citations
- 6 A.D. 19
Full opinion text
Brown, P. J.:
The relator, by this proceeding, seeks to recover his salary for the month of January, 1896, for services rendered in relation to the care ’ and custody of the papers and records of the late board of supervisors of Kings county.
The motion was denied at the Special Term upon the ground that by the express provision of the resolution of said board his term of employment expired on January 1, 1896.
There were no papers read on the motion, except the affidavit of the relator and the resolutions of the board annexed thereto, and there is, consequently, no dispute upon the facts of the case.
I do not deem it important to this motion to consider the question discussed by the learned corporation counsel, whether the effect of the Consolidation Act (Chap. 954 of 1895) was to create a new corporation under the title of the city of Brooklyn,' or whether the county government was simply merged into, and consolidated with, the city.
The resolution of the board of supervisors under which the relator acted, and which fixed his compensation, did not create an office. The relator was simply an employee