Legal Opinion · Dissent
Mahoney v. McGuire
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 1985Published
1DissentFein, J.
I would affirm for the reasons stated by Justice Alan Saks at Special Term.
The discussion in the majority opinion appears to be concerned with how the Board of Trustees will vote and not with its obligation to vote. Hence, its reliance upon Matter of Pierne v Valentine (291 NY 333) is misplaced. As the Court of Appeals pointed out, the issue in that case was whether the Police Commissioner could be prohibited from going forward with disciplinary proceedings against the affected officers while their applications for retirement were pending.
That issue is not here. The judgment appealed from…
2Cases cited5 opinions
- Matter of City of New York v. SchoeckNew York Court of Appeals · 1945
- Matter of Pierne v. ValentineNew York Court of Appeals · 1943
- People Ex Rel. Brady v. . MartinNew York Court of Appeals · 1895
- Glazer v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1978
- Matter of Glazer v. Bd. of Trs. of the Police Pension Fund, Article II, of the Police Dep't of the City of New YorkNew York Court of Appeals · 1979