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MATTER OF BERGERMAN v. MURPHY

199 Misc. 1008 (1951)

In the Matter of Milton M. Bergerman, Individually and as Chairman of Citizens Union of the City of New York, Petitioner, v. Thomas F. Murphy et al., Constituting The Board of Trustees of Police Pension Fund of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

January 30, 1951.

Attorney(s) appearing for the Case

Samuel D. Smoleff for petitioner.

John P. McGrath, Corporation Counsel (Morris Himmelfarb of counsel), for Thomas F. Murphy and others, constituting the Board of Trustees of Police Pension Fund of the City of New York, respondents.

Charles Haydon for James E. Furey and another, respondents.

BENVENGA, J.

This is a proceeding under article 78 of the Civil Practice Act for an order (1) directing the board of trustees of the police pension fund to rescind the resolutions retiring respondents Furey and Collins as deputy police commissioners and (2) directing said Furey and Collins to restore to the police pension fund any illegal payments made to them, and for other relief.

On July 11, 1950...

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