DE NIKE v. BD. OF TRUSTEES, ETC., RETIREMENT SYS.


62 N.J. Super. 280 (1960)

162 A.2d 891

MATTIE DE NIKE, PLAINTIFF-APPELLANT, v. BOARD OF TRUSTEES OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Reargued May 24, 1960.

Decided June 27, 1960.


Attorney(s) appearing for the Case

Mr. Franklin W. Kielb argued the cause for the plaintiff-appellant.

Mr. Lee A. Holley, Deputy Attorney General, argued the cause for the defendant-respondent (Mr. David D. Furman, Attorney General, attorney).

Before Judges PRICE, GAULKIN and FOLEY.


The opinion of the court was delivered by GAULKIN, J.A.D.

Plaintiff appeals from a judgment of the Law Division which denied her motion for summary judgment and dismissed her complaint "on the ground of the lack of jurisdiction."

The complaint alleges that plaintiff's deceased husband, William E. De Nike, "On or about January 20, 1955 pursuant to R.S. 43:15A-47 * * * filed a duly attested application for retirement * * * as Borough Clerk of ...

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