Legal Opinion

In re Wipfler

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1940PublishedCited by 3 opinions

1Opinion of the CourtHill, P. J.

Petitioner, on March 1, 1928, after an examination was appointed city engineer of Elmira, in accordance with the Civil Service Law of the city and State. He served until May 9, 1935, when he was injured. While he was in the hospital his name was taken from the city payroll, and from and after March 20, 1936, he received a pension of $137.86 monthly from the New York State Retirement System. On May 1, 1936, he reported to the city manager that he was physically fit to resume his occupation. Three days later, the council of the city adopted a resolution by a vote of three to two abolishing the…

2Cases cited3 opinions

  1. Schmidt v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1935
  2. Stryker v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1937
  3. Matter of Stryker v. Board of Educ. of City of New YorkNew York Court of Appeals · 1937

3Cited by3 opinions

  1. Matter of Wipfler v. KlebesNew York Court of Appeals · 1940
  2. State Ex Rel. Spurck v. Civil Service BoardSupreme Court of Minnesota · 1948
  3. Kempf v. Town of BrookhavenNew York Supreme Court · 1969

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