SHEERIN v. NY FIRE DEPT.


46 N.Y.2d 488 (1979)

In the Matter of Walter J. Sheerin et al., Respondents-Appellants, v. New York Fire Department Articles 1 and 1b Pension Funds et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided February 22, 1979.


Attorney(s) appearing for the Case

Murray A. Gordon and Walter M. Meginniss, Jr., for respondents-appellants.

Allen G. Schwartz, Corporation Counsel (Alfred Weinstein and L. Kevin Sheridan of counsel), for appellants-respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG.


FUCHSBERG, J.

By this article 78 proceeding in the nature of mandamus, petitioners, New York City firemen retired for service-incurred disabilities, challenge the authority of the administrators of the pension funds1 of which they are members to deny each of them a "supplemental retirement allowance * * * determined on the basis of the consumer...

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