Albert Emmitt, Appellant and Respondent v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

Summary

The New York Court of Appeals affirmed the lower court, holding that the inspector was entitled to back pay for suspensions that occurred before he signed a waiver agreement, but not for suspensions thereafter. The court reasoned that the commissioner’s power to fix compensation accompanies the office and does not include an inherent power to suspend without pay, although the parties may mutually agree to waive such pay.