180 Misc. 705 | N.Y. Sup. Ct. | 1943
Plaintiff and defendants moved for summary judgment. The motions were denied. (See order entered December 18,1942.) Defendants move to reopen, renew and rehear their motion. At the time the original motion was heard paragraph eighth of the complaint had not been denied. An amended answer has since been served in which there is the denial of that paragraph. Defendants on this motion claim that their original motion was misunderstood by the court. They devote most of this application to reargument. Plaintiff was a member of the Police Department of the City of Hew York for twenty-two years, two months and seven days, when he was suspended on September 13, 1941. Up to that date he was a member of the Police Retirement Fund and eligible to retire from the department on a pension. There is no dispute that in order to avail himself of those pension rights it was necessary for plaintiff to apply to be retired before he was suspended. Likewise there is no dispute that plaintiff did not actually submit his written retirement application. In lieu of taking such a step, plaintiff asserts that