New-York tribune., 1922-03-04
Enl'ight Wins
Right to Ask
$3,75OPensiion
Commissioner May Apply i'll
Year After Retirement
From Office, Is Ruling
by Appellate Division
No Decision OH Award
Order Upheld Preventing g
Collection Of Annuity as
Retired Police Lieutenant

The Appellate Division yesterday
sustained the right Of Police Commits
sioner Enright to apply Tor pension
Of $3.50 a year after his retirement t
from the Office of Commissioner
though the court did not say he was
entitled to receive it.
The action Of the court was g 1r,odt.
.ication of an injunction order granted
by Justice Finch. in the Supreme
| Court, in an action brought BY William
J. SchiefFelin, head Of the Citizens
Union, suing as taxpayer to restra IN
Commi ssioner Enright from paying
himself a pension from the police pen
SION fund. That part of Justice Finch :
restraining order to prevent Commits
sloner Enright from collecting q pen
sion as lieutenant, in which rank he
quit the uniformed force after twenty
i've years Of service, was uphe ID He
had announced that he had no inten-
ton of applying for that pension
The section OF the law which brought
about the litigation is Chapter gu of
the Laws Of 1918. Commissioner En-
right. it is said, had this legislation
put through to fit his own case 1t pro-
:
sioner or Deputy Commits aioner, who
previously has served twenty years on
the uniformed force, may apply for the
$500 year pension allowed a retir-
ing chief inspector. AS Justice Finch
pointed out ct the time he issued his
injunction, man may retire from the
uniformed force as patrolman, serve
short time a s Deputy Commissioner
and then receive a pension Of $3.50 a
year, or about twice the amount he re-
ceived while working on the force
AS to Commissioner Enrights power
to collect a pension as q retired lieu
tenant while acting as Commissioner,
Justice Greenbaum, in the opinion of
the Appellate Division. expressed the
opinion of The court that Mayor Hylan
was without power to grant Enright a
leave of absence as lieutenant when he
appointed him TO the higher office, and
that as a matter of fact Commissioner
Enrlght ceased to be member of the
force after leave of five days, or
shortly after he became Commissioner
in 1918. Under the circumstances he
could not receive the pension granted
a lieutenant.
"And even if the Mayor had such
power said Justice Greenbaum, at
seem to US that such action was inef-
fectve in view OF the provisions of
Section 3O3 of the greater New Rork
charter, which provides, Absence
without leave of any member of the
police force for five consecutive davs
shall be deemed and held to be a resig.
nation, and the member so absent sha IL
at the expiration of such period cease
to be member of the police force and
be dismissed therefrom without
notice
"ln the case before US it does not
appear what leave Of absence the
Mayor granted, but the inference is
that it was for an indefinite period.
If the Mayor had no power to grant
any leave of absence, then the defend
ant ceased to be q member of the po-
lice force after the expiration OF five
days"
Justice Greenbaum said ehat when
Enright accepted his office of Com
missioner his Office as lieutenant was
Offices. The leave of absence granted
to him as lieutenant therefore was
nugatory, because he no longer held
that job.
Under the decision of the Appellate
Division Commissioner Enright cannot
collect a pension as a retired lcuten-
ant, his name being stricken from the
pension roll, while the path is left open
to Mr.. Schieffelin when Enright or
Some retiring deputy commissioner ap-
plies for chief inspectors pension to
apply for another injunction to prevent
its payment, that matter rot being be-
fore the court.
Commissioner Enright's victory
merely gives him permission to apply
for the pension when he quits his
conmi ssiorershin