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Legal Opinion

City of New York v. Retirement Board of the Teachers' Retirement System

New York Supreme Court

Decided October 15, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Seymour Schwartz, J.

This article 78 proceeding seeks to enjoin respondents from issuing any further payment of retirement allowances to a former New York City school teacher (Bouchard) now living in Arizona. Respondents, the teacher members of the retirement board, counterclaim for attorney’s fees incurred for their defense in this proceeding.

Bouchard received duplicate payments of her monthly fixed retirement allowance between December, 1971 and February, 1982, resulting in overpayment of $100,900.34. Upon discovery of the overpayment, the retirement system *497sought the…

2Cases cited4 opinions

  1. Cahn v. Town of HuntingtonNew York Court of Appeals · 1972
  2. New York City Employees' Retirement System v. EliotNew York Court of Appeals · 1935
  3. Matter of Fleischmann v. . GravesNew York Court of Appeals · 1923
  4. Creasy v. RocheAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by2 opinions

  1. Smith v. Olympic BankWashington Supreme Court · 1985
  2. Cross v. Elected Officials Retirement PlanCourt of Appeals of Arizona · 2014

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