Hunn v. New York State Teachers' Retirement System

Full title: ROY E. HUNN, as Administrator of the Estate of MYRTA E. HUNN, Deceased…

Court: Court of Appeals of the State of New York

Date published: Oct 29, 1942

45 N.E.2d 161 (N.Y. 1942)

45 N.E.2d 161

Opinion

Argued October 6, 1942

Decided October 29, 1942

Appeal from the Supreme Court, Appellate Division, Fourth Department.

Everest A. Judd for appellant.

Charles A. Brind, Jr., for respondent.

Per Curiam.

Section 1109-a of the Education Law (Cons. Laws, ch. 16) provides that "a member * * * may be retired * * * upon his own application or that of a person acting in his behalf * * *." Any person authorized by a member to act in his behalf, or the committee of a member authorized by law to act in his behalf, may, in accordance with the statute, file an application for the member's retirement but, in our opinion, the statute should not be construed as intended to confer upon any person the right to act for a member when such person has not been otherwise authorized to act in his behalf.

The judgment of the Appellate Division should be reversed and that of the trial court affirmed, with costs in this court and in the Appellate Division.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Judgment accordingly.