Monteferrante v. New York City Fire Department

Order, Supreme Court, New York County, entered April 4, 1979, denying motion of defendant the Uniformed Firefighters Association to dismiss plaintiff’s complaint against movant for failure to prosecute, is unanimously reversed, on the law and the facts, and in the exercise of discretion, and the motion is granted, and the complaint dismissed, without costs. Plaintiff is the widow of a retired fireman who died on July 12, 1969. Her husband’s retirement was effective as of July 1, 1969. Because he had not survived his retirement by 30 days, plaintiff, his widow, was not entitled to a pension.…