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MTR BRESLIN v. NYC PENSION

111 Misc.2d 184 (1981)

In the Matter of Delia Breslin, Petitioner, v. New York City Police Pension Fund Board of Trustees et al., Respondents.

Supreme Court, Special Term, New York County.

October 5, 1981

Attorney(s) appearing for the Case

Lewis & Fiore for petitioner. Allen G. Schwartz, Corporation Counsel (Judah J. Harris of counsel), for respondents.

RICHARD LEE PRICE, J.

In this CPLR article 78 proceeding petitioner seeks a judgment vacating and annulling the determination of the respondent which denied the petitioner's request for accidental death benefits under section B18-39.0 of the Administrative Code of the City of New York.

Petitioner contends that Police Officer Michael Gallagher was killed during the performance of an official duty, to wit, the protection of fellow Police Officer...

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