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Matter of Spiegelberg v. LaGuardia

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1938
254 App. Div. 476 (N.Y. App. Div. 1938)

Opinion

June 24, 1938.

Appeal from Supreme Court of New York County.

George A. Spiegelberg of counsel [ Mack, McCauley, Spiegelberg Gallagher, attorneys], for the appellant.

Seymour B. Quel of counsel [ Nicholas Bucci with him on the brief; William C. Chanler, Corporation Counsel, attorney], for the respondents.

Present — MARTIN, P.J., O'MALLEY, GLENNON, UNTERMYER and DORE, JJ.


We are of the opinion that the deductions made by the trustees from the "annuity" part of the retirement allowance were unauthorized ( Matter of Benedict v. LaGuardia, 252 App. Div. 540; affd., 277 N.Y. 674); and also that the petitioner is entitled to receive $2,708.89, which is the balance remaining in the "pension" fund on the date of death.

Accordingly, the order of Special Term should be reversed, with twenty dollars costs and disbursements, and a peremptory order granted to the extent indicated.


Order unanimously reversed, with twenty dollars costs and disbursements, and a peremptory order granted to the extent indicated in opinion. Settle order on notice.


Summaries of

Matter of Spiegelberg v. LaGuardia

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1938
254 App. Div. 476 (N.Y. App. Div. 1938)
Case details for

Matter of Spiegelberg v. LaGuardia

Case Details

Full title:In the Matter of the Application of TERESE G. SPIEGELBERG, as Beneficiary…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1938

Citations

254 App. Div. 476 (N.Y. App. Div. 1938)

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