MATTER OF BAART v. McGUIRE


93 A.D.2d 791 (1983)

In the Matter of Gustaaf P. Baart, Respondent, v. Robert J. McGuire, as Police Commissioner of The City of New York, and as Executive Chairman of The Board of Trustees of the Police Pension Fund, Article II, et al., Appellants

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

April 28, 1983


Petitioner's application for accident disability retirement was not approved by a majority of the board of trustees (Matter of City of New York v Schoeck, 294 N.Y. 559), and the trustees retired him on ordinary disability at their March 18, 1981 meeting. On June 9, 1981 petitioner commenced this proceeding, alleging that the running up and down a soccer field pursuant to his assignment to the Police Athletic League and youth programs was the proximate cause of his...

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