MATTER OF MERSEREAU v. McGUIRE


77 A.D.2d 849 (1980)

In the Matter of Robert Mersereau et al., Respondents, v. Robert McGuire, as Police Commissioner of The City of New York, et al., Appellants

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

August 28, 1980


Reversed, on the law, and the petition is dismissed, without costs.

The petitioners herein are former New York City employees who retired and are receiving pension benefits from city funded retirement systems. After their retirements, they were appointed Marshals of the City of New York by the Mayor. At issue is section 1117 of the New York City Charter, which suspends pension benefits to pensioners holding and receiving any compensation from any State or city, etc...

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