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CITY OF NY v. RET. BD

116 Misc.2d 496 (1982)

In the Matter of the City of New York, Petitioner, v. Retirement Board of the Teachers' Retirement System of the City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

October 15, 1982

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Renee Modry of counsel), for petitioner. Robinson, Silverman, Pearce, Aronsohn & Berman (James Gill and Andrew Irving of counsel), for respondents.

SEYMOUR SCHWARTZ, J.

This article 78 proceeding seeks to enjoin respondents from issuing any further payment of retirement allowances to a former New York City school teacher (Bouchard) now living in Arizona. Respondents, the teacher members of the retirement board, counterclaim for attorney's fees incurred for their defense in this proceeding.

Bouchard received duplicate payments of her monthly fixed retirement allowance between December, 1971...

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