Hines v. LaGuardia

New York Supreme Court

Hines v. LaGuardia

179 Misc. 1036, 44 N.Y.S.2d 69, 1943 N.Y. Misc. LEXIS 2386

DecidedMarch 17, 1943

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This text of 179 Misc. 1036 (Hines v. LaGuardia) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hines v. LaGuardia, 179 Misc. 1036, 44 N.Y.S.2d 69, 1943 N.Y. Misc. LEXIS 2386 (N.Y. Super. Ct. 1943).

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Opinion

Miller, J.

On November 9, 1942, the date of the petitioner’s application for retirement, he was not in the city service (see Matter of Welling v. Marsh, 179 Misc. 1033, decided simultaneously herewith, in a proceeding to which petitioner became a party by stipulation). Petitioner had resigned on September 3, 1942, and had not been validly reappointed until December 14, 1942. It follows that petitioner’s application for a retirement allowance must be denied. Section B3-36.0 of the Administrative Code of the City of New York, upon which petitioner relies, requires that the application for the retirement allowance be made by a “ member in city service. ” Motion denied.

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Miller, J.

On November 9, 1942, the date of the petitioner’s application for retirement, he was not in the city service (see Matter of Welling v. Marsh, 179 Misc. 1033, decided simultaneously herewith, in a proceeding to which petitioner became a party by stipulation). Petitioner had resigned on September 3, 1942, and had not been validly reappointed until December 14, 1942. It follows that petitioner’s application for a retirement allowance must be denied. Section B3-36.0 of the Administrative Code of the City of New York, upon which petitioner relies, requires that the application for the retirement allowance be made by a “ member in city service. ” Motion denied.

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Bluebook (online)

179 Misc. 1036, 44 N.Y.S.2d 69, 1943 N.Y. Misc. LEXIS 2386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hines-v-laguardia-nysupct-1943.

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