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Appellate Division of the Supreme Court of New York, 1938

Spiegelberg v. LaGuardia

Spiegelberg v. LaGuardia
Appellate Division of the Supreme Court of New York · Decided June 24, 1938
254 A.D. 476; 5 N.Y.S.2d 342; 1938 N.Y. App. Div. LEXIS 6452

Counsel

George A. Spiegelberg of counsel [Mack, McCauley, Spiegelberg & Gallagher, attorneys], for the appellant., Seymour B. Quel of counsel [Nicholas Bucci with him on the brief; William C. Chanter, Corporation Counsel, attorney], for the respondents.

Spiegelberg v. LaGuardia

Opinion of the Court

Per Curiam.

We are of the opinion that the deductions made by the trustees from the “ annuity ” part of the retirement allowance were unauthorized (Matter of Benedict v. LaGuardia, 252 App. Div. 540; affd., 277 N. Y. 674); and also that the petitioner is entitled to receive $2,708.89, which is the balance remaining in the “ pension ” fund on the date of death.

Accordingly, the order of Special Term should be reversed, with twenty dollars costs and disbursements, and a peremptory order granted to the extent indicated.

*477Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and a peremptory order granted to the extent indicated in opinion. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.