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MATTER OF FELLER v. WAGNER

7 A.D.2d 126 (1958)

In the Matter of Joseph Feller, Appellant, v. Robert F. Wagner et al., Constituting The Board of Estimate of the City of New York and Trustees of the New York City Employees Retirement System, et al., Respondents

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

December 18, 1958.

Attorney(s) appearing for the Case

Jeannette H. Harris of counsel (Alexander Suess with her on the brief; Tolmage & Harris, attorneys), for appellant.

Seymour B. Quel of counsel (Charles H. Tenney, Corporation Counsel, attorney), for respondents.

BOTEIN, P. J., BREITEL, M. M. FRANK and McNALLY, JJ., concur.

BERGAN, J.

On October 21, 1953 petitioner, who is a surface line dispatcher with the New York City Transit Authority and a member of the City Retirement System, suffered an acute myocardial infarction while working and was disabled for about three months after which he returned to work and was assigned light duty.

Eight months later, in September, 1954, petitioner made application to the Retirement System...

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