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MTR RUTYNA v. POLICE DEPT.

129 Misc.2d 792 (1985)

In the Matter of Miles Rutyna, Petitioner, v. New York City Transit Police Department et al., Respondents.

Supreme Court, Special Term, New York County.

May 31, 1985

Attorney(s) appearing for the Case

Agulnick & Gogel (Barry W. Agulnick of counsel), for petitioner. Richard K. Bernard and George S. Grupsmith for New York City Transit Police Department and another, respondents. Frederick A. O. Schwarz, Jr., Corporation Counsel (Antonia Levine and Grace Goodman of counsel), for New York City Employees' Retirement System and another, respondents.

ROSE L. RUBIN, J.

Petitioner, a New York City Transit Police Officer, commenced this CPLR article 78 proceeding to compel respondents to grant his application for an accident disability pension pursuant to Administrative Code of the City of New York (Code) § B18-43.0 in lieu of the ordinary disability pension which was approved. Petitioner charges that respondents' denial of accidental disability is arbitrary, capricious and unlawful and that the...

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