People Ex Rel. Bliel v. . Martin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made at the May term, 1890, which affirmed an order of Special Term denying a motion for a mandamus. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The denial of the pension was erroneous. (People ex rel. v. Common Council, 78 N. Y. 63.) The discretion given by the legislature is not capricious, willful or arbitrary.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made at the May term, 1890, which affirmed an order of Special Term denying a motion for a mandamus. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The denial of the pension was erroneous. (People ex rel. v. Common Council, 78 N. Y. 63.) The discretion given by the legislature is not capricious, willful or arbitrary. The action of the commisr sioners was an abuse of discretion. (Laws of 1887, chap. 574, § 1; Laws of 1882, chap. 410, §§ 303, 305; Rex v.…
1Opinion of the Court
Earl, Ch. J.
The relator applied for a writ of mandamus to compel the board of police of the city of Hew York to pay her a pension of $300 per year as the widow of Philip C. Bliel, who for thirteen years previous to his death had continuously been a member of the police force of that city. Her application was denied in the courts below on the ground that the statutes did not give her the absolute right to a pension, but simply vested in the board a discretion to grant or withhold a pension in such a case.
A careful reading of the statutes leaves no doubt in our minds that it has always, since…
2Cited by7 opinions
- Matter of Sheridan v. McElligottNew York Court of Appeals · 1938
- State ex rel. Criswell v. Board of Trustees of Firemen's Relief & Pension FundWashington Supreme Court · 1916
- Matter of Curtin v. DormanNew York Court of Appeals · 1944
- Kent v. ValentineNew York Supreme Court · 1944
- Adams v. KellyNew York Supreme Court · 1955
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