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MATTER OF HIPPLE v. WARD

146 A.D.2d 201 (1989)

In the Matter of Paul J. Hipple, Appellant, v. Benjamin Ward, as Police Commissioner of The City of New York and as Chairman of The Board of Trustees of the Police Pension Fund, Article II, et al., Respondents

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

April 13, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Goldberg of counsel (Goldberg & Jalosky, attorneys), for appellant.

Phyllis Arnold of counsel (Edward F.X. Hart with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for respondents.

KUPFERMAN, J. P., SULLIVAN, KASSAL and ELLERIN, JJ., concur.

SMITH, J.

This appeal raises for review the question of whether petitioner's major depressive disorder, which necessitated his retirement, is due to a precipitating accidental event, entitling him to accidental disability benefits, or is due to injuries sustained while performing routine duties, entitling him to ordinary disability benefits.

Petitioner Paul J. Hipple was appointed as a police officer...

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