Birns and Capozzoli, JJ., dissent in the following memorandum by Capozzoli, J.:
Petitioner served as a patrolman for the transit authority from June, 1965. On November 2, 1970 he was retired for ordinary disability. Thereafter, in January, 1976, on his application to be restored to duty, he was examined by the medical board, found fit and, pursuant to section B3-41.0 of the Administrative Code of the City of New York, was certified and placed on the preferred eligible...
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