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MATTER OF SHEERIN v. NEW YORK FIRE DEP'T ARTICLES 1 & 1B PENSION FUNDS

60 A.D.2d 555 (1977)

In the Matter of Walter J. Sheerin et al., Respondents-Appellants, v. New York Fire Department Articles 1 and 1b Pension Funds et al., Appellants-Respondents

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

December 27, 1977

Modified, on the law and the facts, to the extent of directing that recovery be from August 1, 1976, and otherwise affirmed, without costs or disbursements.

We in the majority concur in the rationale of Special Term in granting the petition. However, we would modify Special Term only to the extent of directing that payments be made from August 1, 1976, the date when formal demand for such payments was deemed received by petitioners. The formal demand was mailed on...

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