Wallace v. Kennedy

In this article 78 proceeding, petitioner, the widow of a policeman, seeks to review the action of respondent Police Commissioner in refusing her a pension.

The facts are: petitioner’s husband, a retired policeman, died May 27,1938. On June 8, 1938 she applied for a pension. The application was denied on June 23,1938 for the reason that petitioner was a school teacher at the time receiving a salary of $4,300 per annum. On January 31, 1959 petitioner was retired by the Board of Education. On February 9, 1959 she again *149applied for a pension and the same was refused on March 6, 1959.

At the time…