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FERRAIOLO v. O'DWYER

302 N.Y. 371 (1951)

Mamie L. Ferraiolo, Respondent, v. William O'Dwyer et al., as Members of The Board of Estimate of the City of New York, Constituting the Trustees of The New York City Employees' Retirement System, Appellants.

Court of Appeals of the State of New York.

Decided April 12, 1951

Attorney(s) appearing for the Case

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

Samuel A. Bloom and Jeannette H. Harris for respondent.

LEWIS, DESMOND, FULD and FROESSEL, JJ., concur with DYE, J.; CONWAY, J., dissents and votes for an affirmance in an opinion in which LOUGHRAN, Ch. J., concurs.

DYE, J.

In this appeal by permission from an order of the Appellate Division, Supreme Court, First Department, unanimously annulling in part a determination of the board of estimate of the city of New York constituting the trustees of the New York City Employees' Retirement System, we are called upon to review whether the appellant board correctly applied the pertinent provisions of the Administrative Code when...

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