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CASTELLANO v. BOARD OF TRUSTEES

No. 1029, Docket 90-7950.

937 F.2d 752 (1991)

Peter R. CASTELLANO, et al., Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF the POLICE OFFICERS' VARIABLE SUPPLEMENTS FUND, Board of Trustees of the Police Supervisor Officers' Supplements Fund, Harrison J. Goldin, and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 25, 1991.

Attorney(s) appearing for the Case

Ronald Podolsky, New York City, for plaintiffs-appellants.

Timothy J. O'Shaughnessy, New York City (Victor A. Kovner, Corp. Counsel of the City of New York, Fay Leoussis, of counsel), for defendants-appellees.

Before KEARSE, PRATT, and McLAUGHLIN, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Under the New York City Administrative Code, members of the police force may retire for numerous reasons. A member may retire for "ordinary disability", meaning that "such member is physically or mentally incapacitated for the performance of duty and ought to be retired." N.Y.C.Admin.Code § 13-251 (1988). Similarly, a member may retire for "accident disability", which means that his physical or mental incapacitation is "as a natural...

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