Summary
In Matter of Gough v. Valentine (260 App. Div. 998), a case where the issues were quite similar to those in the present case, we followed the Eichler decision (supra), holding that the rule indicated in the Eichler case was to be applied to police retirements.
Summary of this case from Matter of Thomasson v. ValentineOpinion
December 6, 1940.
Present — Martin, P.J., Townley, Glennon, Untermyer and Cohn, JJ.
Final order unanimously reversed, with costs and disbursements to the appellant, and the petition dismissed, on the authority of Matter of Eichler v. McElligott ( 259 App. Div. 151; affd., 283 N.Y. 716). Settle order on notice.