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MTR OF McCAMBRIDGE v. MCGUIRE

62 N.Y.2d 563 (1984)

In the Matter of Gerard A. McCambridge, Appellant, v. Robert J. McGuire, as Police Commissioner of the New York City Police Department and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents. In the Matter of Richard Knight, Appellant, 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., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1984.

Attorney(s) appearing for the Case

Joseph O. Giaimo for appellant in the first above-entitled proceeding.

Raymond E. Kerno and Richard Hartman for appellant in the second above-entitled proceeding.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Paul T. Rephen and Leonard Koerner of counsel), for respondents in the first and second above-entitled proceedings.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion; Judge JASEN dissents in part and votes to reverse and remit for reconsideration in accordance with his opinion.

Per Curiam.

Petitioners in these article 78 proceedings have suffered disabling injuries during the course of their employment as New York City police officers. The issue in each case is whether the injury was the natural and proximate result of an accidental injury entitling the petitioner to an accident disability pension. The Board of Trustees denied accident disability pensions by a 6-6 vote and awarded ordinary...

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