MATTER OF PAULEY v. McGOVERN


286 A.D. 295 (1955)

In the Matter of Glenn G. Pauley, Petitioner, v. J. Raymond McGovern, as Comptroller of The State of New York, Respondent

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

July 7, 1955.


Attorney(s) appearing for the Case

Gilbert J. Pedersen for petitioner.

Jacob K. Javits, Attorney-General (Milton Alpert, Henry S. Manley and George H. Rothlauf of counsel), for respondent.

FOSTER, P. J., COON, IMRIE and ZELLER, JJ., concur.


BERGAN, J.

The petitioner, a member of the New York State retirement system, applied to the State Comptroller for discontinued service retirement allowance under section 77 of the Civil Service Law. The Comptroller, after a hearing, disapproved the application on finding that the petitioner was not discontinued from service through no fault or delinquency on his part.

The statutory right to the benefits...

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