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MATTER OF PAULEY v. McGOVERN

1 N.Y.2d 261 (1956)

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

Court of Appeals of the State of New York.

Decided May 24, 1956.

Attorney(s) appearing for the Case

Gilbert J. Pedersen for appellant.

Jacob K. Javits, Attorney-General (George H. Rothlauf and James O. Moore, Jr., of counsel), for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

BURKE, J.

The State Comptroller has refused a discontinued service allowance to the petitioner, a member of the New York State Retirement System. The Comptroller, after a hearing, disapproved the application, finding that the petitioner "vacated his position as Captain of Police by his refusal to accept reinstatement when it was tendered to him on May 6, 1953". The Appellate Division unanimously confirmed the...

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