GOODE v. NYC TR. POLICE DEPT


115 Misc.2d 541 (1982)

James L. Goode, Petitioner, v. New York City Transit Police Department et al., Respondents.

Supreme Court, Special Term, New York County.

August 5, 1982


Attorney(s) appearing for the Case

Richard Hartman for petitioner. Richard K. Bernard for New York City Transit Police Department and another, respondents. Allen G. Schwartz, Corporation Counsel, for New York City Employees' Retirement System and another, respondents.


RICHARD LEE PRICE, J.

This is an application by petitioner pursuant to CPLR article 78 to set aside a determination by respondents that denied him an accident disability pension. Respondents cross-move for dismissal.

Petitioner has been a uniformed transit police officer since May 3, 1965. Sometime in 1979 petitioner applied to the Transit Authority for an ordinary disability retirement pension due to a loss of hearing. The department, on recommendation...

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