Legal Opinion

Sheerin v. New York Fire Department Articles 1 & 1B Pension Funds

New York Court of Appeals

Decided February 22, 1979PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

By this article 78 proceeding in the nature of mandamus, petitioners, New York City firemen retired for service-incurred disabilities, challenge the authority of the administrators of the pension funds1 of which they are members to deny each *491of them a "supplemental retirement allowance * * * determined on the basis of the consumer price index” as provided by section 207-i of the General Municipal Law. In refusing to make payment, the funds had taken the position that it would be impermissible for them to do so because it would be duplicative of one otherwise…

2Cases cited13 opinions

  1. Austin v. Board of Higher EducationNew York Court of Appeals · 1959
  2. Matter of Durr v. Paragon Trading Corp.New York Court of Appeals · 1936
  3. Crane Co. v. Anaconda Co.New York Court of Appeals · 1976
  4. Walsh v. AndornNew York Court of Appeals · 1974
  5. Peruzzin v. TestAppellate Division of the Supreme Court of the State of New York · 1953

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3Cited by35 opinions

  1. Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
  2. Dreikausen v. Zoning Board of AppealsNew York Court of Appeals · 2002
  3. Friends of Pine Bush v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1982
  4. Stockdale v. HughesAppellate Division of the Supreme Court of the State of New York · 1993
  5. New York Public Interest Research Group v. DinkinsNew York Court of Appeals · 1994

30 more not listed; retrieve them via the Exa API.

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