Kiley v. Kennedy

This is a proceeding pursuant to article 78 of the Civil Practice Act to review a determination retiring petitioner, a member of the police department, on attaining the age of 63, and to direct his reinstatement to active duty, so that he may attain eligibility for payment of benefits under the Federal Old-Age and Survivors Law (see U. S. Code, tit. 42, § 401 et seq.-, hereinafter referred to as the Federal Old-Age Law).

Concededly, when petitioner, on April 7,1958, attained the age of 63 years, he was mandatorily placed on retirement pursuant to section 434a-21.0 of the Administrative Code of…