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SHEA v. RET. SYS.

51 A.D.2d 345 (1976)

J. Timothy Shea, as Executor of Dorothy E. Roffe Deceased, et al., Respondents-Appellants, v. Teachers' Retirement System of the City of New York et al., Appellants-Respondents

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

March 23, 1976

Attorney(s) appearing for the Case

Murray L. Lewis of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel), for appellants-respondents.

John J. Reilly of counsel (Meyer Sheps with him on the brief; Meiselman & Reilly, attorneys), for respondents-appellants.

MURPHY and CAPOZZOLI, JJ., concur with STEVENS, P. J.; SILVERMAN and NUNEZ, JJ., dissent in separate opinions.

STEVENS, P.J.

Plaintiffs represent the estate of a deceased teacher, Dorothy Roffe, who retired on a disability pension prior to her death. The decedent had been a teacher in the city system for approximately 33 years and was a member of the Teachers' Retirement System. On January 11, 1969, while suffering from a terminal illness, having been operated upon for cancer in 1965, she applied for retirement. On February...

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