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MATTER OF WHALEN v. MONAGHAN

285 A.D. 884 (1955)

In the Matter of William T. Whalen, Appellant, v. George P. Monaghan et al., Constituting The Board of Trustees of the Police Pension Fund of the City of New York, Respondents

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

February 23, 1955.

While the trustees are free to determine whether a disability is service connected and in that respect need not follow the findings of the medical board, they are not free to disregard the findings of that board with respect to the nature and the extent of the disability (Matter of Hickie v. Valentine, 177 Misc. 743, affd. 262 App. Div. 832, motion for leave to appeal denied 287 N.Y. 854; Matter of City of New York v. Schoeck, 294 N.Y. 559, 566). It would appear...

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