Legal Opinion

Eberle v. LaGuardia

New York Supreme Court

Decided May 14, 1940PublishedCited by 4 opinions

1Opinion of the CourtSchmuck, J.

This petition is brought by the former chief clerk of the municipal civil service commission to compel the board of estimate, as head of the New York City Employees’ Retirement System, to pay him his service allowance under the law.

*273The petitioner entered the service in 1896, and when he filed his application he had forty-three years of experience and had reached the age of sixty-one. Under section B3-36.0 of the Administrative Code of the City of New York provision is made as follows:

“ Retirement of a member for service shall be made by the Board as follows:
“ 1. Any member in city-service may…

2Cases cited4 opinions

  1. People Ex Rel. Brady v. . MartinNew York Court of Appeals · 1895
  2. Rees v. Teachers' Retirement BoardNew York Court of Appeals · 1928
  3. Fischer v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
  4. McMeekan v. Department of HealthNew York Supreme Court · 1935

3Cited by4 opinions

  1. Eberle v. LaGuardiaAppellate Division of the Supreme Court of the State of New York · 1940
  2. Matter of Eberle v. LaguardiaNew York Court of Appeals · 1941
  3. The City of Cranston v. International Brotherhood of Police Officers, Local 301Supreme Court of Rhode Island · 2020
  4. The City of Cranston v. International Brotherhood of Police Officers, Local 301Supreme Court of Rhode Island · 2020

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