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MATTER OF LAMBRECHT v. MONAGHAN

280 A.D. 618 (1952)

In the Matter of James F. Lambrecht et al., Infants, by Catherine Fitzsimmons, Their Guardian ad Litem, Appellants, v. George P. Monaghan, as Police Commissioner of The City of New York, and Chairman of The Board of Trustees of the Police Pension Fund, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 12, 1952.

Attorney(s) appearing for the Case

Peter Schneider of counsel (Herbert Kaufman, attorney), for appellants.

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel), for respondents.

PECK, P. J., COHN and VAN VOORHIS, JJ., concur with DORE, J.; CALLAHAN, J., dissents and votes to affirm, in opinion.

DORE, J.

The Police Commissioner acting under the provisions of section 354 of the Greater New York Charter granted to the widow of the deceased policeman in question a pension of $600, effective as of the date of the policeman's death, October 5, 1937. That pension was paid until September 13, 1942, on which date the widow, now Catherine Fitzsimmons, remarried and by operation of law lost all rights to a pension...

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