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MATTER OF KEOGH v. WAGNER

20 A.D.2d 380 (1964)

In the Matter of J. Vincent Keogh, Respondent, v. Robert F. Wagner et al., Constituting The Board of Trustees of the New York City Employees' Retirement System, Appellants

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

February 27, 1964.

Attorney(s) appearing for the Case

Fred Iscol of counsel (Seymour B. Quel and Irwin L. Herzog with him on the brief; Leo A. Larkin, Corporation Counsel), for appellants.

John P. McGrath of counsel (Martin D. Jacobs and Jacob W. Heller with him on the brief; Reavis & McGrath, attorneys), for respondent.

Morris Shapiro for The City Club of New York, amicus curiæ.

BOTEIN, P. J., and BREITEL, J., concur with VALENTE, J.; McNALLY and BASTOW, JJ., concur in result in opinion.

VALENTE, J.

This is an appeal from an order in an article 78 proceeding annulling a determination of the Board of Trustees of the New York City Employees' Retirement System (1) denying petitioner's application, made on June 19, 1962, for retirement on July 19, 1962 by reason of his having attained the minimum service retirement age of 55 years, and (2) denying a supplemental application for retirement under subdivision...

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