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MTR SMEREK v. CHRISTIANSEN

111 Misc.2d 580 (1981)

In the Matter of Samuel Smerek, Petitioner, v. Jack H. Christiansen, as Commissioner of Personnel of the City of Yonkers, et al., Respondents.

Supreme Court, Westchester County.

November 25, 1981

Attorney(s) appearing for the Case

Hayt, Hayt & Landau for petitioner. Arthur J. Doran, Jr., Corporation Counsel, for respondents.

ANTHONY J. FERRARO, J.

Petitioner makes this application pursuant to CPLR article 78 for an order (1) annulling the final determination of respondents fixing petitioner's supplemental retirement benefit at $3,013.25 per annum, and (2) adjudging that the supplemental retirement be fixed at $7,383.52 per annum effective October 11, 1980 when petitioner retired.

Petitioner was appointed to the Fire Department of the City of Yonkers on October 16...

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