Ramsay v. Lantry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Francis J. Lantry, as fire commissioner, etc., from an order of the Supreme Court, made at the Kings County Special Térm and entered in the office of the clerk of the county of^ Kings on the 15th day of July, 1907, granting the petitioner’s motion for a peremptory writ of mandamus.
1Opinion of the Court
Gaynor, J.:
When the respondent was retired from the .fire department of the city of New York his pension in the fire department pension fund was fixed at $533.33 by the fire commissioner. It was the statute duty of such commissioner* to fix such pension at one-half the salary the respondent was receiving' at the time of his retirement, or at “ such less sum in proportion to the number of officers and members so retired as the condition of the fund will warrant ”. Claiming that' his pension should have been fixed at $800 (for his salary was $1,600 at the time of his retirement) the respondent…
2Cases cited4 opinions
- People ex rel. Miller v. Justices of Court of General SessionsNew York Supreme Court · 1894
- People ex rel. Croft v. KeatingAppellate Division of the Supreme Court of the State of New York · 1900
- Ramsay v. . HayesNew York Court of Appeals · 1907
- Ramsay v. HayesAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Donnellan v. O'DwyerNew York Supreme Court · 1946
- Shevlin v. LaguardzaNew York Supreme Court · 1938
- Malossi v. McelligottNew York Supreme Court · 1938
- People ex rel. Jennings v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1914