Freda v. Board of Education

—Order, Supreme Court, New York County (William Davis, J.), entered October 5, 1994, which granted respondents’ motion to dismiss the petition brought pursuant to CPLR article 78 seeking to reinstate pension benefits and annul an administrative order of recoupment of benefits previously paid to petitioner, unanimously affirmed, without costs.

Petitioner did not obtain jurisdiction over the Police Pension Board by serving the petition on the City or its subdivisions, such as the Police Department and Department of Personnel (cf., Public Serv. Mut. Ins. Co. v Joyce, 182 AD2d 535; Ober v Rye Town…