Opinion
Argued March 21, 1934
Decided April 17, 1934
Appeal from the Supreme Court, Appellate Division, Third Department.
I. Gainsburg and Joseph P. Segal for appellant.
Paul Windels, Corporation Counsel ( Paxton Blair and Edmund L. Palmieri of counsel), for respondents.
Even if we were to assume that part of the petitioner's salary as defined by the Constitution has been withheld, the court in the exercise of its discretion might deny the remedy of mandamus.
The order should be affirmed, with costs.
POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ., concur; KELLOGG, J., not sitting.
Order affirmed.