Barry v. Mulrain

Petitioner has brought this article 78 proceeding to compel respondent to grant her a widow’s pension from the pension fund of the department of street cleaning of the City of New York. She alleges that she married a former member of the department after his retirement, and that after his death in 1939 she filed an application for a widow’s pension. It is clear that the granting of a pension to petitioner under the then applicable law, section 552 of the Greater New York Charter, was in the ‘ ‘ discretion ’ ’ of respondent. The allegations of the petition, dated December 20, 1956, with…