Legal Opinion

Martucci v. Board of Trustees of the New York Fire Department Pension Fund

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1963PublishedCited by 1 opinion

1Per curiam

The petitioner sought a review of a determination made by the respondent-appellant on June 13, 1961 which *4denied petitioner’s application, pursuant to subdivision b of' section B19-6.0 of the Administrative Code of the City of New York, for a half-pay pension because of the claimed service-connected death of her husband, Anthony R. Martucci, a Battalion Chief in the Fire Department. Since a majority vote is required, the 12 to 12 vote of the appellant resulted in a denial of the petitioner’s application.

The appellant argues that the determination here involved is not reviewable since the…

2Cases cited4 opinions

  1. Matter of Schwab v. McElligottNew York Court of Appeals · 1940
  2. Matter of Kilgus v. Bd. of Estimate of City of NyNew York Court of Appeals · 1955
  3. Matter of Sheridan v. McElligottNew York Court of Appeals · 1938
  4. Daley v. Board of EstimateAppellate Division of the Supreme Court of the State of New York · 1944

3Cited by1 opinion

  1. Gibbs v. New York City Employees' Retirement SystemNew York Supreme Court · 1976

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