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MTR OF MAHONEY v. McGUIRE

107 A.D.2d 363 (1985)

In the Matter of Joseph F. Mahoney, 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.

March 26, 1985

Attorney(s) appearing for the Case

Fred Kolikoff of counsel (Larry A. Sonnenshein with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

John J. Maguire of counsel (Richard Hartman, attorney), for respondent.

ASCH and MILONAS, JJ., concur with CARRO, J. P.; FEIN, J., dissents in an opinion.

CARRO, J. P.

The facts are not in dispute. Petitioner joined the New York City Police Department in January of 1973, thereby also becoming a member of the Police Pension Fund. By application dated May 10, 1983, petitioner sought to be retired on accident disability. The Medical Board examined him and, on July 14, 1983, recommended approval of his application. Petitioner's application was scheduled to be considered by the Trustees at the September 21,...

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