Opinion
October, 1935.
Present — Carswell, Scudder, Tompkins, Davis and Johnston, JJ.
Action to recover salary for the month of January, 1933, as commissioner of city planning. Judgment for plaintiff for $1,331.65 unanimously affirmed, with costs. In our opinion, the office was not abolished until February 1, 1933; plaintiff's testator was entitled to the salary of the office for the month of January, 1933, and mandamus was not the respondent's exclusive remedy.