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MATTER OF KENNEDY v. HAUSER

39 A.D.2d 728 (1972)

In the Matter of John J. Kennedy, Respondent, v. James J. Hauser, Jr., as Comptroller of The City of Yonkers, Appellant

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

May 8, 1972

Judgment affirmed, with $10 costs and disbursements.

No opinion.

Martuscello, J., dissenting.

Petitioner was a member of the Police Department of the City of Yonkers for 42 years. His last title was that of Captain. On March 25, 1969, he applied for retirement upon the ground that he had suffered a service-connected disability. At the time the payment of pensions from the Police Pension Fund...

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