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MATTER OF CARROLL v. GRUMET

281 A.D. 35 (1952)

In the Matter of Joseph M. Carroll, Petitioner, v. Jacob Grumet et al., Constituting The Board of Trustees of the New York City Fire Department Pension Fund, Article 1, Respondents

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

December 16, 1952.

Attorney(s) appearing for the Case

Paxton Blair of counsel (Edward M. Edenbaum, attorney), for petitioner.

Pauline K. Berger of counsel (Seymour B. Quel and W. Bernard Richland with her on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondents.

PECK, P. J., DORE and CALLAHAN, JJ., concur.

COHN, J.

This is a submission of a controversy pursuant to sections 546-548 of the Civil Practice Act.

Petitioner, a retired New York City fireman, seeks an order directing the board of trustees of the fire department pension fund, to recompute a pension granted to him eight years ago, on the alleged ground that a "cost-of-living" bonus, received by him for several months prior to retirement, should have...

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