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MATTER OF MAHONEY v. McGUIRE

66 N.Y.2d 622 (1985)

In the Matter of Joseph F. Mahoney, 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 October 8, 1985.

Attorney(s) appearing for the Case

John J. Maguire and Richard Hartman for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Fred Kolikoff and Larry Sonnenshein of counsel), for respondents.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.

Order affirmed, with costs. We agree with the Appellate Division that the addition of the word "forthwith" to the statutory provisions in question does not alter the rule of Matter of Pierne v Valentine (291 N.Y. 333, 342) but, rather, only precludes an unnecessary or unwarranted delay which is not presented...

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