Legal Opinion

Matter of O'Brien v. Tremaine

New York Court of Appeals

Decided April 17, 1941PublishedCited by 13 opinions

1Opinion of the CourtLewis, J.

In 1939, while John F. O’Brien was rendering the thirteenth year of his distinguished service as an Associate Judge of this court, he suffered a serious impairment of health. By reason of that fact, and on December first of that year, he filed with the State Comptroller, as the administrative head of the New York State Employees’ Retirement System, a written application for retirement from active judicial service and for payment to him, beginning January 1, 1940, of a retirement allowance in conformity with article 4 of the Civil Service Law (Cons. Laws, ch. 7; L. 1920, ch. 741, as amd.).…

2Cases cited3 opinions

  1. Sexauer & Lemke v. Luke A. Burke & Sons Co.New York Court of Appeals · 1920
  2. Hogan v. New York State Teachers Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1934
  3. Matter of Hogan v. New York St. Teachers Retirement SysNew York Court of Appeals · 1935

3Cited by13 opinions

  1. Matter of Eberle v. LaguardiaNew York Court of Appeals · 1941
  2. Regan v. HeimbachAppellate Division of the Supreme Court of the State of New York · 1983
  3. Moore v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1948
  4. Kemp v. RubinNew York Supreme Court · 1947
  5. Barone v. LevittAppellate Division of the Supreme Court of the State of New York · 1968

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