Briscoe v. Teachers' Retirement Board

Appellate Division of the Supreme Court of New York

Briscoe v. Teachers' Retirement Board

283 A.D. 1026, 131 N.Y.S.2d 112, 1954 N.Y. App. Div. LEXIS 6147

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 1954

StatusPublished

This text of 283 A.D. 1026 (Briscoe v. Teachers' Retirement Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Briscoe v. Teachers' Retirement Board, 283 A.D. 1026, 131 N.Y.S.2d 112, 1954 N.Y. App. Div. LEXIS 6147 (N.Y. Ct. App. 1954).

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Opinion

— -We agree with the determination of Special Term that under the law the comptroller of the City of New York was a member of the teachers’-retirement board ex officio and not chairman by virtue of his office. Therefore, a new chairman must be elected and the board should proceed to take such step at its earliest convenience. In the meantime we think the injunction might well be suspended to permit the board to function without interference. If an election is not held within thirty days, further application for injunctive relief may be made. Order unanimously modified so as to suspend injunction for thirty days after entry and service of- the order entered herein to allow election of- chairman and, as so modified, affirmed. Settle order on notice. Present — Peck, P. J., Dore, Callahan, Breitel and Bergan, JJ. [205 Misc. 909.]

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— -We agree with the determination of Special Term that under the law the comptroller of the City of New York was a member of the teachers’-retirement board ex officio and not chairman by virtue of his office. Therefore, a new chairman must be elected and the board should proceed to take such step at its earliest convenience. In the meantime we think the injunction might well be suspended to permit the board to function without interference. If an election is not held within thirty days, further application for injunctive relief may be made. Order unanimously modified so as to suspend injunction for thirty days after entry and service of- the order entered herein to allow election of- chairman and, as so modified, affirmed. Settle order on notice. Present — Peck, P. J., Dore, Callahan, Breitel and Bergan, JJ. [205 Misc. 909.]

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Bluebook (online)

283 A.D. 1026, 131 N.Y.S.2d 112, 1954 N.Y. App. Div. LEXIS 6147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briscoe-v-teachers-retirement-board-nyappdiv-1954.

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