257 A.D. 1048 | N.Y. App. Div. | 1939
Proceeding brought by the petitioner, as executor of the last will and testament of Cornelius Furgueson, deceased, to obtain a peremptory order directing the defendants, constituting the board of estimate and apportionment as head and trustees of the “ New York City Employees’ Retirement System,” to make payment forthwith (1) of the sum of $6,981.74, representing the value of the annuity set up for Cornelius Furgueson, as it was at the time of his retirement as a justice of the Municipal Court, and no part of which had been paid to him during his lifetime, together with interest thereon from January 1, 1930; and (2) of the sum of $33,148.87, representing the value of the pension set up for him as it was at the time of his retirement, and no part of which had been paid to him during his lifetime, together with interest thereon from January 1, 1930. A final order was entered at Special Term directing in effect (a) that the application with respect to the pension reserve be granted only as to the sum of $2,428.04, together with interest thereon from April 12, 1938, and as to the balance of that reserve, $30,720.83, denying the application; and (b) in effect