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MATTER OF SCHUSSLER v. CODD

91 A.D.2d 890 (1983)

In the Matter of Jerome Schussler, Respondent, v. Michael J. Codd, as ex-Police Commissioner of The City of New York and as Past 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.

January 6, 1983

The petitioner had the burden of proving that his loss of hearing was caused by a line-of-duty "accident". (Matter of Drayson v Board of Trustees of Police Pension Fund of City of N. Y., Art. 2, 37 A.D.2d 378, 380, affd 32 N.Y.2d 852.) The evidence adduced before the medical board and the board of trustees indicated that the petitioner had never complained of a hearing loss prior to the submission...

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