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  5. 14 N.Y.2d 56 (1964)
 

MTR. OF MARGOLIN v. TEACHERS' RETIRE. BD.

14 N.Y.2d 56 (1964)

In the Matter of Lena K. Margolin, Appellant, v. Teachers' Retirement Board of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 27, 1964.

Attorney(s) appearing for the Case

Benjamin M. Zelman for appellant.

Leo A. Larkin, Corporation Counsel (Peter J. Flanagan, Seymour B. Quel and Joseph M. Callahan, Jr., of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, BURKE and SCILEPPI concur with Judge BERGAN; Judge FULD dissents and votes to affirm in an opinion in which Judge VAN VOORHIS concurs.

BERGAN, J.

The petitioner's husband was a teacher employed by the New York City Board of Education who died while so employed on May 29, 1962. He was a veteran, having served in time of war; a member of the Teachers' Retirement System, which respondent board administers; was 52 years old, and had 27 years of allowable service. Petitioner was his designated beneficiary.

The problem presented is whether...

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