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.