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MATTER OF CLANTON v. SPINNATO

131 A.D.2d 475 (1987)

In the Matter of George S. Clanton, Respondent, v. Joseph E. Spinnato, as Fire Commissioner of The City of New York, and as Chairman of The Board of Trustees of the New York City Fire Department, Article 1b Pension System, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 1, 1987

Ordered that the judgment is reversed, on the law, without costs or disbursements, the determination is confirmed, and the proceeding is dismissed on the merits.

The petitioner, a former New York City Fire Marshal, was injured in a line-of-duty motor vehicle accident in October 1981. He was placed on medical leave at his regular salary (see, Administrative Code of City of New York former § 487a-7.1 [now § 15-108]) and never returned to active duty...

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