MATTER OF SCHWARTZ v. BD. OF ESTIMATE OF CITY OF NEW YORK


282 A.D. 663 (1953)

In the Matter of William Schwartz, Appellant, v. Board of Estimate of the City of New York, as Head of The New York City Employees' Retirement System, et al., Respondents

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

June 9, 1953.


Order affirmed, with $20 costs and disbursements to the respondents.

Petitioner was bound by the valid resignation which he tendered, and the board of estimate, as a matter of law, had power, and as a matter of policy, a very broad one, to withhold granting permission to withdraw the tendered resignation. Consequently, it is unnecessary to determine the question of the kind of position petitioner held.

Cohn, J., dissents in the following memorandum...

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