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MATTER OF MOLINARI v. QUAYLE

300 N.Y. 55 (1949)

In the Matter of Margaret Molinari, Appellant, v. Frank J. Quayle et al., Constituting The Board of Trustees of the New York Fire Department Life Insurance Fund, Respondents.

Court of Appeals of the State of New York.

Decided November 23, 1949

Attorney(s) appearing for the Case

David A. Savage and Donald A. Savage for appellant.

John P. McGrath, Corporation Counsel (Helen R. Cassidy and Seymour B. Quel of counsel), for respondents.

LOUGHRAN, Ch. J., CONWAY, DYE, FULD and BROMLEY, JJ., concur with DESMOND, J.; LEWIS, J., dissents and votes for affirmance.

DESMOND, J.

Petitioner's husband, Francis J. Molinari, entered the United States Army in June, 1943. He was reported missing in action on January 12, 1945, and the War Department recorded the presumptive date of his death as January 13, 1946. While Molinari was away on active military service he was, on June 19, 1944, appointed a fireman in the New York City Fire Department, by an order of the fire commissioner...

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