In the Matter of the City of New York, Appellant, Against Emil Schoeck, Respondents, Defendants

Summary

The Court held that the New York Fire Department Pension Fund board of trustees must retire Battalion Chief Emil Schoeck, and that a mandamus order may compel that retirement, but the Court may not set the amount of his pension. The board retains discretion to determine the pension amount, which must be at least one-half of his salary, and the matter was remanded for entry of an order reflecting those directives.