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MATTER OF HALLIHAN v. WARD

169 A.D.2d 542 (1991)

In the Matter of Kenneth J. Hallihan, Appellant, v. Benjamin Ward, as Police Commissioner of The City of New York and as Executive 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.

January 22, 1991

An accidental disability, for purposes of pension and retirement (Administrative Code of City of New York § 13-252), must meet the commonsense definition of a sudden and unexpected event (Matter of Lichtenstein v Board of Trustees, 57 N.Y.2d 1010, 1012), as opposed to an injury resulting from routine performance of duty (Matter of McCambridge v McGuire, 62 N.Y.2d 563, 568). It is the...

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