Legal Opinion

Rye Police Ass'n v. City of Rye

New York Supreme Court

Decided January 27, 1988Published

1Opinion of the Court

OPINION OF THE COURT

Nicholas Colabella, J.

In a CPLR article 78 proceeding, in the nature of mandamus to compel and mandamus to review, petitioner seeks to *442impose a constructive and equitable trust over a certain fund and to be substituted as trustee.

The fund in question is the "Police Donation Account” (PDA) which is administered by respondents as part of the Trust and Agency Fund of the City of Rye. The PDA is the successor to the defunct Police Department Christmas Fund which had been administered by petitioner. The PDA consists of donations by private citizens, apparently as gratitude, for…

2Cases cited6 opinions

  1. Sharp v. KosmalskiNew York Court of Appeals · 1976
  2. Matter of Mullane v. McKenzieNew York Court of Appeals · 1936
  3. Ausable Chasm Co. v. State of New YorkNew York Court of Appeals · 1935
  4. Board of Education v. LevittAppellate Division of the Supreme Court of the State of New York · 1973
  5. Drexler v. City of New YorkCivil Court of the City of New York · 1984

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