Wilmerding v. Bonaschi

This is a taxpayer’s action (1) to cancel and annul a determination of the teachers’ retirement board of the city of New York on June 10, 1935, classifying one Nathan Peyser as a “ present-teacher;’ ’ (2) to restrain the teachers’ retirement board from issuing to Nathan Peyser a prior service certificate on a “ present-teacher ” basis; and (3) to restrain the city of New York from making payments to the teachers’ retirement fund on the basis of a classification of Nathan Peyser as a “ present-teacher.” Subsequent to the service of the summons and complaint the defendant Peyser died, and the…