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SCHWEITZER v. CODD

63 A.D.2d 66 (1978)

In the Matter of Walter J. Schweitzer, Appellant, v. Michael J. Codd, as Police Commissioner of The City of New York and as Executive Chairman of The Board of Trustees of the Police Pension Fund, Article II, et al., Respondents

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

July 13, 1978

Attorney(s) appearing for the Case

Ira Leitel of counsel (Joseph Fallek with him on the brief), for appellant.

Carolyn E. Demarest of counsel (L. Kevin Sheridan with her on the brief; Allen G. Schwartz, Corporation Counsel), for respondents.

SILVERMAN, J. P., FEIN, YESAWICH and SANDLER, JJ., concur.

LANE, J.

Petitioner is a patrolman employed by the New York City Police Department. On May 10, 1974, the petitioner's patrol car, driven by petitioner while on duty, collided with a truck. Petitioner was taken to Bronx-Lebanon Hospital Center and then on the same day was transferred to Jacobi Hospital. The Jacobi emergency room diagnosis was that petitioner suffered a "(1) Concussion (2) Contusion right orbit...

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