Roddy v. Valentine
New York Court of Appeals
The plaintiff’s acceptance of his new office having occurred after the effective date of chapter 78 of the Laws of 1932, the statute may be applied to him without contravening the rule against retroactive constructions. Public policy favors the liberal construction of statutes aimed to prevent double payments from public funds in times of depression.
Read the full summary
The plaintiff’s acceptance of his new office having occurred after the effective date of chapter 78 of the Laws of 1932, the statute may be applied to him without contravening the rule against retroactive constructions. Public policy favors the liberal construction of statutes aimed to prevent double payments from public funds in times of depression. (Matter of McKinney v. McGoldrick, 266 N. Y. 665; Peterson v. Martino, 210 N. Y. 412; Heckmann v. Pinck-ney, 81 N. Y. 211; People ex rel. Devery v. Coler, 173 N. Y. 103; Matter of Friel, 101 App. Div. 155; 181 N. Y. 558; New York Central R. R.…
1Opinion of the CourtCkouch, J.
The Greater New York Charter (Laws of 1901, ch. 466, as amd.) by sections 351 et seq. makes provision for the creation and administration of a police pension The fund (§ 353) consists of moneys recruited from various sources, for the most part public, but includes two per centum of the monthly pay of each member of the police force deducted from his salary by the Comptroller and by him paid into the fund. Section 355 provides, among other things, that any member of the force may upon his own written application and by order of the police commissioner, be retired from service and be granted an…
2Cases cited6 opinions
- Pennie v. ReisSupreme Court of the United States · 1889
- State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
- Klench v. Board of Pension Fund CommissionersCalifornia Court of Appeal · 1926
- O'Brien v. New York State Teachers Retirement BoardAppellate Division of the Supreme Court of the State of New York · 1926
- O'Brien v. New York State Teachers' Retirement BoardNew York Court of Appeals · 1926
1 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Cook v. City of BinghamtonNew York Court of Appeals · 1979
- Birnbaum v. New York State Teachers Retirement SystemNew York Court of Appeals · 1958
- McBride v. Allegheny County Retirement BoardSupreme Court of Pennsylvania · 1938
- In the Matter of David Livingston, as President of District 65, Retail, Wholesale and Department Store Union, Aflcio v. John Wiley & Sons, Inc.Court of Appeals for the Second Circuit · 1963
- Kraus v. Board of Trustees of Police Pension FundAppellate Court of Illinois · 1979
65 more not listed; retrieve them via the Exa API.