The opinion
Hofstadter, J.
Motion to dismiss the complaint is denied. The widow and minor children of a deceased member of the city police force seek a declaratory judgment determining them entitled to a pension. The defendant challenges the complaint on the single ground that an action for a declaratory judgment will not lie. It seems, however, that where a statute imposes on a public body a duty to make recurring payments, the plaintiff’s right is regarded as continuing. Resort to a declaratory judgment action has been permitted in analogous situations and neither the joinder of a demand for a money recovery nor the availability of other remedies has defeated the action (Wakefield v. Board of Education, 192 Misc. 639 , affd. with modification as to interest only, 274 App. Div. 884 ; Cottrell v. Board of Education, 181 Misc. 645 , affd. 267 App. Div. 817 , affd. 293 N. Y. 792 ; Nelson v. Board of Higher Education, 263 App. Div. 144 , affd. 288 N. Y. 649 ). The defendant may answer the complaint within ten days after service of a copy of this order with notice of entry.