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MATTER OF RALPH v. BD. OF ESTIMATE OF CITY OF N. Y.

306 N.Y. 447 (1954)

In the Matter of Freda K. Ralph, Appellant, v. Board of Estimate of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided April 8, 1954

Attorney(s) appearing for the Case

Stephen J. Rudd and Irving L. Bruns for appellant.

Adrian P. Burke, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondents.

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

LEWIS, Ch. J.

This appeal presents for decision the question whether the appellant, the widow of Henry W. Ralph who was City Register of the City of New York at the time of his death, is entitled to an ordinary death benefit, or to an accidental death pension from the New York City employees' retirement system as a result of her husband's death.

The relevant statute is section B3-33.0 of the Administrative...

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