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MTR. OF MILCHMAN v. BD. OF ESTIMATE

31 Misc.2d 483 (1961)

In the Matter of Daniel F. Milchman, Petitioner v. Board of Estimate of the City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

October 25, 1961

Attorney(s) appearing for the Case

Sidney Rabekoff for petitioner. Leo A. Larkin, Corporation Counsel (Thomas C. Patterson of counsel), for respondents.

CHARLES A. LORETO, J.

This is an article 78 proceeding for an order directing the respondents to grant accident retirement disability to petitioner.

The respondents attack this procedure upon the grounds that petitioner, having applied for, and having been awarded ordinary retirement disability, has precluded himself from now claiming a right to accident disability retirement.

There is no merit to this objection. There is nothing in the...

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