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SMITH v. CONSOLIDATED POLICE & FIREMEN'S PENSION

149 N.J. Super. 229 (1977)

373 A.2d 685

WALTER H. SMITH, APPELLANT, v. CONSOLIDATED POLICE & FIREMEN'S PENSION FUND COMMISSION (DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS), RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1977.

Attorney(s) appearing for the Case

Mr. Harry Kay argued the cause for appellant.

Mr. Samuel J. Halpern, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

This is an appeal from a final decision of the Board of Trustees of the Consolidated Police and Firemen's Pension Fund Commission (Board) refusing to reclassify petitioner's service retirement pension as an accidental disability pension. The Board rejected the request as a matter of law without review by way of administrative hearing.

The primary issue in this appeal is whether the Board erred in...

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