MTR. OF MENNELLA v. BD. OF ESTIMATE


31 A.D.2d 459 (1969)

In the Matter of Angelina Mennella, as Administratrix of The Estate of Anthony J. Mennella, Deceased, Appellant, v. Board of Estimate of the City of New York et al., Respondents

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

March 25, 1969.


Attorney(s) appearing for the Case

John Windsor for appellant.

Robert T. Hartmann of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for respondents.

STEVENS, P. J., and CAPOZZOLI, J., dissent and vote to affirm for the reasons stated in the opinion of the court below.


MACKEN, J.

The issue here presented is whether upon the death of her husband, an employee of the City of New York and a member of its Retirement System, petitioner became entitled to the benefits provided by section B3-32.0 of the Administrative Code of the City of New York (Code) relating to members who die while in city service or the substantially greater benefits payable under section B3-46.0 upon death of...

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