Matter of Tobin
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 17, 1900, reversing an order of Special Term denying the application of Margaret Tobin for sa peremptory writ of mandamus requiring the fire commissioner of the city of New - York to pay to her a pension and granting said writ.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 17, 1900, reversing an order of Special Term denying the application of Margaret Tobin for sa peremptory writ of mandamus requiring the fire commissioner of the city of New - York to pay to her a pension and granting said writ. John Tobin, the husband of the .relator, was a fireman in the fire department of Brooklyn for ten years prior to November 1, 1895, when he was retired upon a pension. He died about four months afterwards. During his membership he had contributed to the “…
1Opinion of the CourtLandon, J.
In determining whether the deduction of one dollar from the monthly pay of a fireman, and from the monthly pension of the retired members of the department who had contributed to the widows’ and orphans’ relief fund before retirement, was voluntary or compulsory, it is proper to notice:
1. The widows’ and orphans’ relief fund was derived from the deductions from the monthly pay of officers and firemen of the department, and of other employees of the department who should desire to avail themselves of its benefits, and also from the monthly pensions of such retired members of the department as…
2Cited by3 opinions
- Matter of Verdecanna v. CareyNew York Court of Appeals · 1941
- In re TobinAppellate Division of the Supreme Court of the State of New York · 1901
- In re TobinAppellate Division of the Supreme Court of the State of New York · 1901