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LAWRENCE v. McGUIRE

No. 83 Civ. 8155 (SWK).

651 F.Supp. 312 (1987)

John LAWRENCE, Plaintiff, v. Robert J. McGUIRE, individually and as Police Commissioner of the Police Department of the City of New York and as Executive Chairman, Ex-Officio of the Police Pension Fund Article II, Kenneth Conboy, individually, and as Deputy Commissioner, Legal Division, of the Police Department of the City of New York, and as Acting Chairman of the Police Pension Fund, Article II, Philip Caruso, individually and as President of the Patrolmen's Benevolent Association and as Trustee of the Police Pension Fund, Article II, Louis Matarazzo, individually, and as a member of the Patrolmen's Benevolent Association, and as acting Trustee of the Police Pension Fund, Article II, the Board of Trustees of the Police Pension Fund, Article II, the Department of the City of New York, the Patrolmen's Benevolent Association of the City of New York, Inc., and Richard Hartman, individually and as an attorney doing business under the name of Law Office of Richard Hartman, Defendants.

United States District Court, S.D. New York.

January 8, 1987.

Attorney(s) appearing for the Case

Carol Mellor, New York City, for plaintiff.

Frederick A.O. Schwarz, Jr., Corp. Counsel of The City of New York by Richard Feiner, New York City, for defendants.

Lysaght, Lysaght and Kramer by James Lysaght, Mineola, N.Y., for Patrolmen's Benevolent Ass'n.

KRAM, District Judge.

This action is brought pursuant to 42 U.S.C. § 1983. It arises from a determination by the Board of Trustees of the Police Pension Fund, Article II ("Board of Trustees" or "Board") which denied plaintiff John Lawrence's application for accident disability retirement benefits. Lawrence, a retired police officer, alleges that the injury which led to his retirement occurred when another individual ran into him. He claims he has statements from...

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