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MATTER OF BERGERMAN v. MURPHY

278 A.D. 388 (1951)

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

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

June 20, 1951.

Attorney(s) appearing for the Case

John P. McGrath of counsel (Seymour B. Quel and Andrew Bellanca with him on the brief; John P. McGrath, Corporation Counsel, attorney), for Board of Trustees of the Police Pension Fund, appellant.

Charles Haydon for James E. Furey and Bernard A. Collins, appellants.

Samuel D. Smoleff for respondent.

PECK, P. J., and GLENNON, J., concur with COHN, J.; SHIENTAG, J., concurs in result, in opinion; CALLAHAN, J., dissents and votes to reverse and dismiss the petition, in opinion.

COHN, J.

The questions presented are (1) whether subdivision f of section B18-4.0 of the Administrative Code of the City of New York is valid or whether its provisions contravene section 1 of article VIII of the New York State Constitution, which prohibits a municipality from making gifts of public funds; and (2) if the statute is constitutional, whether defendants James E. Furey and Bernard A. Collins are entitled...

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