Legal Opinion

Smith v. New York State Employees' Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1946PublishedCited by 1 opinion

1Opinion of the CourtDowling, J.

This is a controversy submitted without process pursuant to sections 546-548 of the Civil Practice Act.

According to the stipulated facts, Frederick J. Smith, referred to hereafter as the applicant, on March 15, 1945', was a member of the New York State Employees’ Retirement System, referred to hereafter as the System, and was eligible for retirement. On that date he executed an application for retirement asking to be retired as soon as possible and mailed it to the Comptroller of the State of New York, Department of Audit and Control, Albany, New York. His application was received by the…

2Cases cited4 opinions

  1. New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
  2. Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
  3. Town of Ohio v. PeopleAppellate Division of the Supreme Court of the State of New York · 1942
  4. Matter of O'Brien v. TremaineNew York Court of Appeals · 1941

3Cited by1 opinion

  1. Barone v. LevittAppellate Division of the Supreme Court of the State of New York · 1968

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