McDERMOTT v. POLICE PENSION


133 Misc.2d 669 (1986)

In the Matter of Elizabeth A. McDermott, Individually and as Parent and Natural Guardian of Kerry A. McDermott, an Infant, Petitioner, v. Police Pension Fund, Article II Board of Trustees et al., Respondents.

Supreme Court, Special Term, New York County.

May 15, 1986


Attorney(s) appearing for the Case

Montclare & Guay for petitioner. Frederick A. O. Schwarz, Jr., Corporation Counsel, for Police Pension Fund, Article II Board of Trustees, respondent.


HAROLD BAER, JR., J.

Motions No. 1 and No. 2 of August 27, 1985, are consolidated for disposition.

Petitioner commenced this CPLR article 78 proceeding seeking to rescind the decision of the Board of Trustees of the Police Pension Fund (the Board) which determined that petitioners were not entitled to receive pension benefits from the fund.

Richard McDermott was employed by the New York City...

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