People Ex Rel. Waddy v. . Partridge
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1902, which affirmed 'an order of Special Term granting a motion for a peremptory writ of mandamus requiring the defendant to pay to the relator a pension from, the police pension fund of the city of Yew York. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1902, which affirmed 'an order of Special Term granting a motion for a peremptory writ of mandamus requiring the defendant to pay to the relator a pension from, the police pension fund of the city of Yew York. The facts, so far as material, are stated in the opinion. Upon his retirement in 1882 the relator’s husband, George A. Waddy, ceased to be a member of the police department. (L. 1873, ch. 863, tit. 11, § 4.) Assuming that power did exist at the time this pension was…
1Opinion of the Court
O’Bbien", J.
The courts below have awarded a peremptory writ of mandamus against the defendant as police commis sioner, requiring him to revoke his revocation of a pension to the relator as the widow of a member of the police force of Brooklyn. The questions whether the commissioner can be required to revoke his action and the right of the relator to the pension under the statute are involved in the inquiry.
The relator’s husband was a member of the old Metropolitan police force of Brooklyn, having been originally appointed January 8th, 1851. On April 1st, 1882, after more than • twenty years’…
2Cases cited1 opinion
- Matter of Mahon v. . Bd. of EducationNew York Court of Appeals · 1902
3Cited by14 opinions
- Bedford v. WhiteSupreme Court of Colorado · 1940
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Matter of Sugden v. . PartridgeNew York Court of Appeals · 1903
- State Ex Rel. Sena v. TrujilloNew Mexico Supreme Court · 1942
- In re the Arbitration between Teachers Ass'n, Central High School District No. 3 & Board of Education, Central High School District No. 3Appellate Division of the Supreme Court of the State of New York · 1970
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