Mangano v. Altmeyer

Petitioner, an employee in the coat and suit industry, seeks in this article 78 proceeding, to review a determination of the Appeals Committee of the Coat and Suit Industry’s Retirement Fund which declared him ineligible for retirement fund benefits. The question presented, at the very threshold, is whether such a determination is reviewable in an *842article 78 proceeding and the answer, under well-settled law, is that it is not.

The terms of the statute (Civ. Prac. Act, §§ 1283-1306), its legislative history (Third Annual Report of N. Y. Judicial Council, 1937, p. 133) and judicial decisions…