The question is whether the City Judge of Long Beach is a city officer, so that the council of such city may increase his compensation under the City Home Rule Law (Cons. Laws, ch. 76), or a State officer (Whitmore v. Mayor, 67 N.Y. 21" court="NY" date_filed="1876-09-19" href="https://app.midpage.ai/document/whitmore-v-mayor-of-new-york-3632729?utm_source=webapp" opinion_id="3632729">67 N.Y. 21), whose salary can be regulated only by the Legislature.
The question has been answered to the effect that, so far as compensation is concerned, he is a city officer. (People ex rel.Garrity v. Walsh, 181 A.D. 118" court="N.Y. App. Div." date_filed="1917-12-21" href="https://app.midpage.ai/document/people-ex-rel-garrity-v-walsh-5248458?utm_source=webapp" opinion_id="5248458">181 App. Div. 118; cited with approval by this court, Ledwith v. Rosalsky, 244 N.Y. 406" court="NY" date_filed="1927-02-23" href="https://app.midpage.ai/document/ledwith-v-rosalsky-3611957?utm_source=webapp" opinion_id="3611957">244 N.Y. 406, 410.)
The judgment should be affirmed, with costs.
POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ., concur; KELLOGG, J., not sitting.
Judgment affirmed.