Malossi v. Mcelligott

McLaughlin (Charles B.), J.

The petitioner has commenced this proceeding under article 78 of the Civil Practice Act. She is the widow of a fireman and she seeks to compel the fire commissioner to grant her an annual pension not to exceed one-half of her deceased *514husband’s salary. The latter died on January 17, 1934. It would appear from the petition that the claim is made that the commissioner on July 25,1934, not only declined to entertain the petitioner’s application but also failed to take any proof of the circumstances of the decedent’s injury and death and that such action was arbitrary.…