Benedict v. LaGuardia

We have here a problem of statutory interpretation. To find the answer to it requires an analysis of the charter provisions which create the New York City Employees’ Retire*542ment System and regulate its operation (Greater New York Charter, chap. XXVI).

The defendants are trustees of the Retirement System because of their membership in the board of estimate and apportionment of the city of New York. The petitioner is executor of Russell Benedict, deceased, and of the latter’s deceased widow, May S. Benedict. He has obtained a peremptory order of mandamus requiring the payment of $2,978.44 (being…