Appellate Division of the Supreme Court of the State of New York October 15, 1935 (Sullivan v. City of New York)

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.