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MATTER OF WALSH v. CODD

68 A.D.2d 805 (1979)

In the Matter of Michael A. Walsh, Respondent, v. Michael J. Codd, as Chairman of The Board of Trustees of the New York City Police Department, Article 2 Pension System, et al., Appellants

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

March 1, 1979

In this article 78 proceeding, petitioner seeks an order directing respondents to retire him with an accident disability allowance. Respondent's board of trustees in reliance upon their medical board had retired petitioner with ordinary retirement allowance only. Except in the respect hereinafter stated, we agree with Justice Fein's decision remanding the matter for reconsideration. However, carrying into effect a portion of Justice Fein's opinion, the next to the last decretal...

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