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SCOTTO v. CAWLEY

50 A.D.2d 733 (1975)

Salvatore J. Scotto, Appellant, v. Donald F. Cawley, as Police Commissioner of The City of New York, et al., Respondents

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

December 2, 1975

The central issue here is whether the petitioner had a history of back strain prior to a line-of-duty back strain sustained on July 13, 1959. The Special Term, in dismissing the petition, noted that the determination of the board of trustees involved consideration of evidence that there was a history of prior back strain. That conclusion was erroneous since no such evidence is revealed in the minutes of the board, nor did the respondent...

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