Opinion
Argued November 19, 1928
Decided November 27, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
George P. Nicholson, Corporation Counsel ( J. Joseph Lilly, Willard S. Allen and William E.C. Mayer of counsel), for appellant. J.M. Cohen for respondent.
An application by a teacher for service retirement under Greater New York charter (Sec. 1092, subd. K) is not effective until delivered, and such delivery does not result from a mere deposit in the mails ( Crown Point Iron Co. v. AEtna Insurance Co., 127 N.Y. 608; Peabody v. Satterlee, 166 N.Y. 174).
The order of the Appellate Division and that of the Special Term should be reversed and the application denied with costs in all courts.
CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ., concur.
Orders reversed, etc.