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MATTER OF FONTONE v. LOWERY

36 A.D.2d 119 (1971)

In the Matter of James A. Fontone, Respondent, v. Robert O. Lowery, as Fire Commissioner of The City of New York and as Chairman of The Board of Trustees of the New York Fire Department Pension Fund, et al., Appellants

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

February 25, 1971.

Attorney(s) appearing for the Case

Beatrice Rothman of counsel (Stanley Buchsbaum with her on the brief; J. Lee Rankin, Corporation Counsel), for appellants.

Murray A. Gordon for respondent.

CAPOZZOLI, McGIVERN, KUPFERMAN and TILZER, JJ., concur.

STEVENS, P. J.

In this article 78 proceeding respondents appeal from an order entered July 20, 1970 (SAYPOL, J.) which granted petitioner's application to review and annul a determination of the Board of Trustees, New York City Fire Department, denying petitioner credit for his prior employment in the New York City Sanitation Department in the calculation of his disability retirement allowance, and which directed...

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