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MATTER OF DUNNE v. KELLY

Nos. 7594, 114656/10.

95 A.D.3d 563 (2012)

944 N.Y.S.2d 89

2012 NY Slip Op 3723

In the Matter of JOSEPH DUNNE, Respondent, v. RAYMOND KELLY, as the Police Commissioner of the City of New York, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2012.

This matter involves the interpretation of Administrative Code § 13-249, which provides that a retired Chief of Department is entitled to a retirement allowance, consisting of both an annuity and a pension, which will effectively make the retirement allowance equal to two thirds of the retiree's salary. Section 13-249 also provides instruction as to the computation of the "annuity portion" of the retirement allowance.

Here, petitioner, a retired Chief of Department...

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