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MATTER OF O'HAGAN v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T PENSION FUND, ARTICLE 1-B

55 N.Y.2d 784 (1981)

In the Matter of John T. O'Hagan, Appellant, v. Board of Trustees of the New York City Fire Department Pension Fund, Article 1-B, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 17, 1981.

Attorney(s) appearing for the Case

Michael T. Sullivan for appellant.

Allen G. Schwartz, Corporation Counsel (Paul T. Rephen of counsel), for respondents.

Murray A. Gordon and Norman E. Teitler for Uniformed Firefighters Association and another, amici curiae.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order affirmed, with costs, and the certified question answered in the affirmative. It was proper for the Appellate Division to remand the matter to respondent board of trustees for a fair consideration of petitioner's application, there being no reason to presume that an unbiased board would not properly consider the merits of the application. In view of this disposition, it is unnecessary to reach the question of whether petitioner's hearing loss...

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