Present — Lazansky, P.J., Hagarty, Davis, Adel and Taylor, JJ. Final order unanimously affirmed, with ten dollars costs and disbursements. ( Matter of Wingate v. Taylor, 166 Misc. 13; affd. sub nom. Matter of People ex rel. Wingate v. Taylor, 254 App. Div. 749; affd. sub nom. Matter of Wingate v. McGoldrick, 279 N.Y. 246; Matter of Hetherington v. Taylor, 254 App. Div. 859; Matter of Rosenthal v. McGoldrick, Id. 859. See Matter of Tevlin v. McGoldrick, post, p. 994, decided herewith.
Present — Lazansky, P.J., Hagarty, Davis, Adel and Taylor, JJ. Final order unanimously affirmed, with ten dollars costs and disbursements. ( Matter of Wingate v. Taylor, 166 Misc. 13; affd. sub nom. Matter of People ex rel. Wingate v. Taylor, 254 App. Div. 749; affd. sub nom. Matter of Wingate v. McGoldrick, 279 N.Y. 246; Matter of Hetherington v. Taylor, 254 App. Div. 859; Matter of Rosenthal v. McGoldrick, Id. 859. See Matter of Meehan v. McGoldrick, ante, p. 994, decided herewith.
Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. (See Matter of Wingate v. Taylor, 166 Misc. 13; affd., 254 App. Div. 749.) Settle order on notice.
May 6, 1938. Present — Lazansky, P.J., Carswell, Davis, Johnston and Taylor, JJ. [ 166 Misc. 13.] Order granting petition to require the insertion in the budget of the city of New York for 1938 and the first half of 1939 of certain amounts as annual compensation for certain employees of the Surrogate's Court of Kings county and to require the providing of moneys for payment thereof, unanimously affirmed, with fifty dollars costs and disbursements.
That discretion is reposed in the judges and in them alone. The board of estimate is compelled to perform the purely ministerial task of including in their budget the amounts fixed by the court and to pay the salaries so determined ( Matter of Wingate v. McGoldrick, 279 N.Y. 246, affg. 254 A.D. 749, affg. 166 Misc. 13; Matter of Henderson v. La Guardia, 294 N.Y. 728, affg. 268 A.D. 892, affg. 182 Misc. 1071; People ex rel. O'Loughlin v. Prendergast, 219 N.Y. 377, affg. 174 A.D. 897; People ex rel. Cropsey v. Hylan, 199 A.D. 218, affd. 232 N.Y. 601; Matter of Byrnes [ Wagner], N.Y.L.J., July 23, 1954, p. 2, col. 3; Matter of Capozzoli [ Wagner], N YL.J., Oct. 14, 1954, p. 7, col. 4). All of the foregoing cases were decided upon the basis of statutes similar to the ones here involved or on the very statutes here applicable.