Spiegelberg v. LaGuardia

Appellate Division of the Supreme Court of New York

Spiegelberg v. LaGuardia

254 A.D. 476, 5 N.Y.S.2d 342, 1938 N.Y. App. Div. LEXIS 6452

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

DecidedJune 24, 1938

StatusPublished

Cited by2 cases

This text of 254 A.D. 476 (Spiegelberg v. LaGuardia) 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

Spiegelberg v. LaGuardia, 254 A.D. 476, 5 N.Y.S.2d 342, 1938 N.Y. App. Div. LEXIS 6452 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

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.

[477]*477Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and a peremptory order granted to the extent indicated in opinion. Settle order on notice.

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