MATTER OF TRIPI v. WARD


158 A.D.2d 336 (1990)

In the Matter of James Tripi, 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.

February 13, 1990


The Board of Trustees of the Police Pension Fund, in adopting the unanimous recommendation of its Medical Board, determined that petitioner had not met his burden of establishing entitlement to either ordinary disability retirement or accidental disability retirement. Indeed, although conflicting medical evidence was submitted by the parties relating to, inter alia, petitioner's back pain, a second CAT scan of petitioner's lumbar spine revealed no disc herniation,...

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