MATTER OF WAGNER v. LOWERY, 23 N.Y.2d 696 (1968)

296 N.Y.S.2d 142, 243 N.E.2d 748

In the Matter of MARY C. WAGNER, Individually and as Administratrix of the Estate of Arthur J. Wagner, Jr., Deceased, Appellant, v. ROBERT O. LOWERY, as Fire Commissioner of the City of New York and as Chairman of the Board of Trustees of the New York City Fire Department Pension Fund, et al., Respondents.

Court of Appeals of the State of New York.Submitted November 12, 1968
Decided November 20, 1968

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GERALD P. CULKIN, J.

Page 697

Murray A. Gordon and Joseph Rosenzweig for motion.

J. Lee Rankin, Corporation Counsel (Edmund B. Hennefeld of counsel), opposed.

Motion dismissed upon the ground that it was not timely made.