182 Misc. 1071 | N.Y. Sup. Ct. | 1944
Upon the record before this court it appears that the Legislature of the State of New York intended to confer “ immediately ” upon the Surrogate of Bronx County the same powers that were enjoyed for many years past by the Surrogates of New York County, Queens County and Kings County. (Surrogate’s Ct. Act, § 22, as amd. by L. 1944, eh. 210.) The language of the statute under consideration is clear, unambiguous and explicit. The minutes of the Senate corroborate the
The defense interposed by the Board of Estimate to the pending proceeding, to the effect that the departmental estimates were not timely submitted under the provisions of the New York City Charter (1938), is dismissed as without merit under the prevailing conditions, and because, if sustained, the defense would serve to thwart the legislative intent and purpose. The preliminary regulatory matters referred to in the Charter are not prohibitory or jurisdictional when interpreted in the light of the statute which conferred the specific powers “ immediately ” upon the Surrogate of Bronx County “ notwithstanding any other provision of law.” It is of importance to note that the statute under consideration also specifically directs the Board of Estimate to make appropriations thereunder “ notwithstanding any other provision of law.” The record shows that the bill was finally enacted as a law with the Governor’s approval on March 21, 1944. The Surrogate thereupon exercised his newly conferred powers on April 8,1944. The Board of Estimate, which is the duly constituted appropriating body of the City of New York, had not as yet conducted its public hearings on the budget for 1944-1945. It held executive sessions between April 17 and April 27,1944. On April 27,1944, it met and adopted the budget with full knowledge of the legislative action and the Surrogate’s fixation thereunder, but failed to comply with such fixation. Accordingly, the defense that the fixation was not timely is without merit.
In considering the other defenses interposed, the court finds and adjudicates that the language of the statute covers
Under the ruling of Matter of Wingate v. McGoldrick (279 N. Y. 246, supra) and the above analysis, this court is constrained to grant the relief sought. Settle final order accordingly.