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MATTER OF DUESTER v. McGUIRE

81 A.D.2d 553 (1981)

In the Matter of Francis X. Duester, Respondent, v. Robert McGuire, as Police Commissioner of The City of New York, et al., Appellants

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

April 28, 1981

Special Term erred when it granted the pension. This power resides in the board of trustees (Administrative Code of the City of New York, § B18-43.0). It may not be assumed by the court (Matter of Meschino v Lowery, 34 A.D.2d 255, 259) which must remand when there has been an arbitrary or capricious determination. Reconsideration by the medical board is necessary. It made no findings concerning the heart condition, prolapse...

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