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  5. 33 N.Y.2d 413 (1974)
 

DONNER v. N Y C EMPLOYEES' RET.

33 N.Y.2d 413 (1974)

In the Matter of Isaac C. Donner, Appellant, v. New York City Employees' Retirement System et al., Respondents.

Court of Appeals of the State of New York.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Murray Rudman for appellant.

Norman Redlich, Corporation Counsel (Eric J. Byrne and Stanley Buchsbaum of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur.

RABIN, J.

In 1941, the plaintiff Isaac Donner (Donner), then an employee of the City of New York, became a member of the New York City Employees' Retirement System (Retirement System). Donner retired in 1955 and was granted an annual retirement allowance by the Board of Estimate. According to the definitions within the statute governing retirement, he thereupon ceased being a "member" of the Retirement System...

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