MTR. OF AYMAN v. TEACHERS' RET. BD.


19 Misc.2d 355 (1959)

In the Matter of David Ayman et al., Individually and in Behalf of Others Similarly Situated, Petitioners, v. Teachers' Retirement Board of the City of New York, Respondent. (Proceeding No. 1.) In the Matter of Ellis Johnson et al., on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. New York City Teachers' Retirement Board, Respondent. (Proceeding No. 2.)

Supreme Court, Special Term, New York County.

October 13, 1959.


Attorney(s) appearing for the Case

Zelman & Zelman for petitioners in proceeding No. 1.

Benjamin Mazen and Jules Kolodny for petitioners in proceeding No. 2.

Charles H. Tenny, Corporation Counsel (Leo A. Larkin and Pauline K. Berger of counsel), for respondent in proceedings Nos. 1 and 2.

Louis J. Lefkowitz, Attorney-General (Milton Alpert of counsel), amicus curiæ, in proceedings Nos. 1 and 2.


IRVING H. SAYPOL, J.

These are two proceedings in which five petitioners personally and representatively ask for orders under article 78 of the Civil Practice Act compelling the respondent to perform its duties specifically enjoined by law.

The uncontroverted allegations in the petitions show that Ayman and Johnson are teachers in the Board of Education of the City of New York and thereby are members...

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