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MATTER OF CURRAN v. McGUIRE

87 A.D.2d 223 (1982)

In the Matter of Thomas E. Curran, Appellant, v. Robert McGuire, as Chairman of The Board of Trustees of the New York City Police Department Article 2 Pension System, et al., Respondents

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

June 8, 1982

Attorney(s) appearing for the Case

Kenneth E. Gordon of counsel (Murray A. Gordon with him on the brief; Gordon & Shechtman, P. C., attorneys), for appellant.

Irving Genn of counsel (Leonard Koerner with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

LUPIANO, BLOOM and MILONAS, JJ., concur with FEIN, J.; KUPFERMAN, J. P., dissents in an opinion.

FEIN, J.

In this CPLR article 78 proceeding, petitioner, a police department detective retired on ordinary disability, seeks line-of-duty accident disability retirement. Petitioner, 48 years of age, was appointed to the police force on November 26, 1957, and was subsequently appointed a detective. On May 12, 1976, while petitioner was on duty, a police sergeant whom he knew attempted to commit suicide in the...

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