McLaughlin v. New York City Employees Retirement System
Civil Court of the City of New York
1Opinion of the CourtJoseph P. Imperato, J.
Plaintiff, a retired Justice of the Supreme Court of the State, commenced this action pro se, for a money judgment based on alleged arrears of the retirement allowance for the months of February, March and April of 1976.
The defendant, City of New York Retirement System, in addition to various other defenses, raises objection to the jurisdiction of this court. It claims that this is primarily an action to compel and enjoin the actuary to compute plaintiff’s retirement allowance and as such must, of necessity, be maintained as an article 78 proceeding. No authority is cited by either plaintiff…
2Cases cited9 opinions
- Toscano v. McGoldrickNew York Court of Appeals · 1949
- Posner v. LevittAppellate Division of the Supreme Court of the State of New York · 1971
- Matter of Rushford v. LaguardiaNew York Court of Appeals · 1939
- Fehlhaber Corp. v. O'HaraAppellate Division of the Supreme Court of the State of New York · 1976
- Blyn v. BartlettNew York Court of Appeals · 1976
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3Cited by3 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- County of Wyoming v. Division of Criminal Justice ServicesAppellate Division of the Supreme Court of the State of New York · 1981
- McLaughlin v. New York City Employees' Retirement SystemAppellate Terms of the Supreme Court of New York · 1977