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MTR. OF GUNNING v. CODD

65 A.D.2d 415 (1978)

In the Matter of James J. Gunning, Appellant, v. Michael J. Codd, as Police Commissioner of the Police Department 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.

December 19, 1978

Attorney(s) appearing for the Case

Ira Leitel of counsel (Joseph Fallek, P. C., attorney), for appellant.

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

MARKEWICH, J., concurs with BIRNS, J.; KUPFERMAN, J. P., concurs in an opinion; SILVERMAN and SANDLER, JJ., dissent in part in an opinion by SANDLER, J.

BIRNS, J.

We agree with the facts as set forth in the dissenting opinion of Justice SANDLER. We conclude, however, that Special Term properly denied petitioner's application to vacate respondents' determination denying him a pension.

It is not disputed that on April 27, 1977, prior to the date petitioner filed for retirement, he was found guilty by a jury verdict of bribe receiving in the second degree...

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