MTR. OF KABELKA v. CITY OF N. Y.


55 Misc.2d 570 (1967)

In the Matter of Franklin H. Kabelka, Petitioner, v. City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

December 18, 1967


Attorney(s) appearing for the Case

Minnie Warshaw and Donald S. Sherwood for petitioner. J. Lee Rankin, Corporation Counsel, for City of New York, respondent.


SAMUEL A. SPIEGEL, J.

Petitioner was appointed a fireman in the New York City Fire Department in February, 1961. He was retired on a nonservice-incurred disability and contends that this was improper and should have been a service-incurred disability, which would afford him greater compensation.

In this article 78 proceeding, petitioner seeks an order, among other relief, reviewing, and, on review, annulling the determination of the respondent...

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