Hunn v. N.Y. State Tchrs.’ Ret. Sys., 289 N.Y. 171 (1942)
289 N.Y. 171
US-DOC-21326070
locator
Case details
Bluebook Citation
Hunn v. N.Y. State Tchrs.’ Ret. Sys., 289 N.Y. 171 (1942)
Full caption
Roy E. Hunn, as Administrator of the Estate of Myrta E. Hunn, Deceased, Appellant, v. New York State Teachers’ Retirement System, Respondent.
Country
United States
Jurisdiction
New York (NY)
Court
New York Court of Appeals
Decided
1942
New York Official Reports
Roy E. Hunn, as Administrator of the Estate of Myrta E. Hunn, Deceased, Appellant, v. New York State Teachers’ Retirement System, Respondent., 289 NY 171 [1942]
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.