McDermott v. Police Pension Fund

*670OPINION OF THE COURT

Harold Baer, Jr., J.

Motions No. 1 and No. 2 of August 27, 1985, are consolidated for disposition.

Petitioner commenced this CPLR article 78 proceeding seeking to rescind the decision of the Board of Trustees of the Police Pension Fund (the Board) which determined that petitioners were not entitled to receive pension benefits from the fund.

Richard McDermott was employed by the New York City Police Department from January 1955 until his retirement in the fall of 1983. By judgment of divorce entered on April 15, 1982, petitioner Elizabeth McDermott and Richard McDermott were…