Opinion
March 20, 1950.
Present — Nolan, P.J., Carswell, Adel, Wenzel and MacCrate, JJ. [See post, p. 1093.]
In an action for a declaratory judgment as to whether the pension rights of plaintiff's intestate in the Mount Vernon Police and Paid Firemen's Pension Fund (Local Laws, 1940, No. 2 of City of Mount Vernon) should be computed on the basis of his total annual compensation, including cost of living adjustment compensation, judgment entered in favor of respondents, after trial before an Official Referee, unanimously affirmed, with costs. No opinion.