Durkin v. Woods

This proceeding is brought by the petitioner under article 78 of the Civil Practice Act to review an order made by the respondent denying the petitioner a pension as the widow of a deceased policeman with a service record exceeding twenty years.

Authority in the respondent" to grant such a pension is contained in subdivision 3 of section 354 of the Municipal Code of the City of Rochester, volume I (Laws of 1907, chap. 755, § 335, subd. 3, as amd. by Rochester Local Laws of 1927, No. 1), which provides *1038that respondent “ has power in his discretion ” to grant a pension. The petition alleges the…