New York Court of Appeals

In the Matter of the Application of George McAneny, Constituting the Transit Commission, Respondents, for an…

January 17, 1922232 N.Y. 377

Summary

The New York Court of Appeals affirmed the Appellate Division orders requiring the Board of Estimate and Apportionment to appropriate the sums requisitioned by the Transit Commission, holding the 1921 act creating the commission constitutional and valid. The court rejected challenges that the act violated Articles 10, 12, and 3 of the State Constitution and affirmed that the board's duty to appropriate is ministerial.