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MTR. OF ZUCKER v. N. Y. C. RET.

27 A.D.2d 207 (1967)

In the Matter of Isaiah O. Zucker, as Administrator of The Estate of Milton M. Wecht, Deceased, Respondent, v. New York City Employees' Retirement System et al., Appellants

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

March 2, 1967.

Attorney(s) appearing for the Case

Eric J. Byrne of counsel (Seymour B. Quel with him on the brief; J. Lee Rankin, Corporation Counsel), for appellants.

Louis E. Fishbach of counsel (Isaiah O. Zucker with him on the brief; Wecht, Zucker & Travia, attorneys), for respondent.

BOTEIN, P. J., STEUER, TILZER and RABIN, JJ., concur.

STEVENS, J.

This is an appeal from a judgment entered March 28, 1966, which granted petitioner's application and adjudged, inter alia, that the estate of decedent is entitled to a retirement allowance under Option 1 of section B3-46.0 of the Administrative Code of the City of New York, by reason of the provisions of section B3-56.0 of said code.

The question involves the benefits to which decedent...

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