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MATTER OF HANLEY v. CAROZZA

285 A.D. 1150 (1955)

In the Matter of James F. Hanley, Appellant, v. John F. Carozza et al., as Trustees of the Police Pension Fund of The City of Yonkers, Respondents In the Matter of James F. Hanley, Appellant, v. Milton E. Goldman, as Commissioner of Public Safety of The City of Yonkers, Respondent

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

May 2, 1955.

Orders unanimously affirmed, with one bill of $10 costs and disbursements.

Under the pertinent laws (Yonkers City Charter, art. XI, § 3; L. 1908, ch. 452, as amd.; Second Class Cities Law, §§ 136, 137), the commissioner of public safety of the City of Yonkers has power to retire and relieve and dismiss a member of the force who is disqualified physically or mentally "in the performance of his duties". It is...

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