MATTER OF MEYER v. McGUIRE


64 N.Y.2d 1152 (1985)

In the Matter of Henry Meyer, 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, of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 1985.


Attorney(s) appearing for the Case

Jeffrey L. Goldberg for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Dody Schorr of counsel), for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court, New York County, with directions to remand to respondent Board for reconsideration in accordance with this memorandum.

On August 13, 1979, petitioner, a New York City Police officer, suffered a line of duty injury when he fell while investigating a fire. At the direction of the police department...

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