Grieb v. City of Syracuse (94 A.D. 133, 1904)

Stoves, J.:

This action was brought to recover moneys alleged to .be due as salary. Plaintiff alleges-that there was an existing officer under the charter and by-laws of the city of Syracuse, known as commissioner of public works, and also an officer known as superintendent of sidewalks and sidewalk repairs; that plaintiff was appointed to the position of superintendent of sidewalks and sidewalk repairs, receiving therefor the salary of $1,500 for the first year, and $15 per month for use of a horse in the discharge of the duties of his office; that in the year 1901 he received but $1,200, and alleging that there is still due him the sum of $300 as salary.

The charter of second class cities creates the office of commissioner of public works, and under section 10 T of the act the commissioner of public works is empowered to “appoint, to'hold office during his pleasure, a deputy and such other subordinates as may be prescribed by the board of estimate and apportionment.”

On February 10, 1900, the commissioner of' public works , of the city of Syracuse appointed the plaintiff superintendent of sidewalks a'nd sidewalk repairs of that city. ,

On the 16th of January, 1900, the board of estimate and apportionment passed the following resolution :

“Resolved, That the following salaries be paid in the Department of Public Works. * * * Bureau of Walks and Sidewalk Repairs, one superintendent.”

At the same time another resolution was adopted as follows:

“ Resolved, That the Department of Public Works be and hereby is granted the following sums of money to cover the expenditures of the following bureaus and branches of the Department of Public . Works, the same to be included in the tax budget for the fiscal year 1900:

“ Bureau