Wildey v. McElligott

The plaintiffs herein, eleven of the twenty-three persons designated as “ assistant fire marshals,” have brought this action for a declaratory judgment decreeing them to be members of the uniformed force of the New York city fire department, and as such entitled to retirement rights under section 790 of the Greater New York Charter, and to the refund of moneys heretofore paid by them into the New York City Employees’ Retirement System. The parties have submitted their case upon the pleadings and an agreed statement of facts, the sole issue being one of statutory construction and…