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  5. 5 N.Y.2d 963 (1959)
 

MATTER OF COHEN v. TEACHERS' RET. BD. OF THE TEACHERS' RET. SYS. OF THE CITY OF NEW YORK

5 N.Y.2d 963 (1959)

In the Matter of Caryl E. Cohen, Appellant, v. Teachers' Retirement Board of the Teachers' Retirement System of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 26, 1959.

Attorney(s) appearing for the Case

Copal Mintz for appellant.

Charles H. Tenney, Corporation Counsel (Joseph F. Gibbons, Seymour B. Quel, Rose Schneph and Sidney P. Nadel of counsel), for respondent.

Concur: Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Dissent: Chief Judge CONWAY and Judge VAN VOORHIS.

Order affirmed, with costs; no opinion.

Chief Judge CONWAY and Judge VAN VOORHIS dissent and vote to reverse and to grant the petition for claimed service credit, accruing prior to withdrawal, subject to the favorable action of the Board of Education and the Teachers' Retirement Board, upon the ground that under section B20-5.0 of the Administrative Code of the City of New York petitioner was entitled to the status for the purpose in suit to which he was entitled...

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