Bergerman v. Murphy

This is a proceeding under article 78 of the Civil Practice Act for an order (1) directing the board of trustees of the police pension fund to rescind the resolutions retiring respondents Furey and Collins as deputy police commissioners and (2) directing said Furey and Collins to restore to the police pension fund any illegal payments made to them, and for other relief.

On July 11, 1950, Furey, who had been a member of the police force for more than twenty years, resigned as first grade detective, and thereupon, pursuant to subdivision f of section B18-4.0 of the Administrative Code of the…