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MATTER OF AUGELLO v. LINDSAY

40 A.D.2d 815 (1972)

In the Matter of Aida Augello, Respondent, v. John V. Lindsay et al., Constituting The Board of Estimate, New York City Employees' Retirement System, Appellants In the Matter of Anne T. Kwiatkowski, Respondent, v. John V. Lindsay et al., Constituting The Board of Estimate, New York City Employees' Retirement System, Appellants

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

November 28, 1972

This consolidated proceeding under article 78 CPLR was brought by petitioners-respondents, widows of two deceased city employees and beneficiaries designated in connection with their memberships in respondent-appellant New York City Retirement System. At the time of his death, one of the two decedents had completed 251 days of actual service in his twentieth year of membership in the retirement system, the other, 255 days. The question presented for review is whether the...

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