# Schwartz v. Board of Estimate

> Appellate Division of the Supreme Court of the State of New York · June 9, 1953 · 282 A.D. 663

URL: https://www.frixlaw.com/law-library/cases/5395310

## Case

- **Full name:** In the Matter of William Schwartz, against Board of Estimate of the City of New York, as Head of the New York City Employees' Retirement System
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 9, 1953
- **Citations:** 282 A.D. 663; 122 N.Y.S.2d 136; 1953 N.Y. App. Div. LEXIS 4575
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5395310

## Opinion text

Order affirmed, with $20 costs and disbursements to the respondents. Petitioner was bound by the valid resignation which he tendered, and the board of estimate, as a matter of law, had power, and as a matter of policy, a very broad one, to withhold granting permission to withdraw the tendered resignation. Consequently, it is unnecessary to determine the question of the kind of position petitioner held. Present — Peck, P. J., Glennon, Cohn, Callahan and Breitel, J J.; Cohn, J., dissents in the following memorandum: I dissent and vote to reverse and remit the matter to Special Term to have determined the issue as to whether petitioner was a private secretary. In the event it is determined that petitioner was not a private secretary, I am of the view that the refusal to grant his request to withdraw the retirement application in the circumstances of this case was capricious and arbitrary. [ 203 Misc. 701 .]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5395310. Public record. Not legal advice.