Legal Opinion

Rapp v. New York City Employees' Retirement System

New York Court of Appeals

Decided June 7, 1977PublishedCited by 18 opinions

1Opinion of the CourtCooke, J.

After a hearing, the board of the New York City Transit Authority unanimously voted to remove petitioner, on the ground of misconduct, from his position as Chief of Transit Police, dismissing him from the Transit Authority, effective March 11, 1975. Petitioner’s dismissal was upheld by the courts (51 AD2d 551, mot for lv to app den 38 NY2d 712). Prior to that date, however, petitioner had filed an application for service retirement with the New York City Employees’ Retirement System, effective March 13, 1975. Since petitioner *3was not "in city-service” on March 12, 1975, his application, made…

2Cases cited4 opinions

  1. Montgomery v. DanielsNew York Court of Appeals · 1975
  2. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  3. People ex rel. O'Brien v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
  4. People Ex Rel. O'Brien v. . ScannellNew York Court of Appeals · 1900

3Cited by18 opinions

  1. McGowan v. Mayor, City of NYNew York Court of Appeals · 1981
  2. Zegman v. StateNew York Court of Claims · 1979
  3. Kollmer v. Slater Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Weingarten v. StateNew York Court of Claims · 1978
  5. Gunning v. CoddAppellate Division of the Supreme Court of the State of New York · 1978

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