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McGAREY v. STATE OF NEW YORK

276 A.D. 793 (1949)

Francis D. McGarey, Respondent, v. State of New York, Appellant. (Motion No. 1297.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.

Claimant is the Surrogate of Kings County. His salary, payable by the City of New York, is based on the same salary "paid to" a justice of the Supreme Court in the second judicial district. (Judiciary Law, § 178, subd. 3.) It is provided by subdivision 17 of section 249-dd of the Tax Law that in a county such as Kings, the State shall pay a portion of the compensation of the Surrogate for ministerial services rendered in connection with tax matters. But this shall not...

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