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MATTER OF POLCHE v. McGUIRE

61 N.Y.2d 663 (1983)

In the Matter of Harry Polche, Appellant, v. Robert J. McGuire, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Richard A. Dienst for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Pamela Seider Dolgow of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Inasmuch as it cannot be determined on the record in this case that appellant was entitled to accidental disability benefits as a matter of law, the determination of respondent board of trustees will not be disturbed. (Matter of Canfora v Board of Trustees of Police Pension Fund, 60 N.Y.2d 347.)

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