Hunn v. New York State Teachers' Retirement System
This text of 45 N.E.2d 161 (Hunn v. New York State Teachers' Retirement System) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Section 1109-a of the Education Law (Cons. Laws, ch. 16) provides that “ a member * * * may be retired * * * upon his. own application or that of a person acting in his behalf * * Any person authorized by a member to act in his behalf, or the committee of a member authorized by law to act in his behalf, may, in accordance with the statute, file an application for the member’s retirement but, in our opinion, the statute should not be construed as intended to confer upon any person the right to act for a member when such person has not been otherwise authorized to act in his behalf.
The judgment of the Appellate Division should be reversed and that of the trial court affirmed, with costs in this court and in the Appellate Division.
Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Judgment accordingly.
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Cite This Page — Counsel Stack
45 N.E.2d 161, 289 N.Y. 171, 1942 N.Y. LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunn-v-new-york-state-teachers-retirement-system-ny-1942.