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ORTELERE v. TEACHERS' RET. BD.

31 A.D.2d 139 (1968)

Francis B. Ortelere, Individually and as Executor of Grace W. Ortelere, Deceased, Respondent, v. Teachers' Retirement Board of the City of New York, Appellant

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

December 19, 1968.

Attorney(s) appearing for the Case

Raymond S. Hack of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

A. Mark Levien for respondent.

EAGER, J. P., and STEUER, J., concur with TILZER, J.; CAPOZZOLI, J., dissents in opinion in which McGIVERN, J., concurs.

TILZER, J.

In this action by the surviving spouse of a deceased public school teacher to set aside the retirement application of the deceased by reason of her mental incompetency, the defendant Teachers' Retirement Board of the City of New York appeals from a judgment entered after trial declaring null and void the retirement application and granting judgment against defendant for the amount of the reserve standing...

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