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MATTER OF DUFFY v. DINKINS

190 A.D.2d 619 (1993)

In the Matter of John Duffy et al., Appellants, v. David N. Dinkins, as Mayor of The City of New York, et al., Respondents

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

February 23, 1993

The determination herein was not arbitrary or capricious as the transfer statute clearly provided that transfers "shall be governed by the provisions of applicable law" (L 1991, ch 675, § 5). The applicable law provides that an officer must be a member of the Police Pension Fund in order to receive POVSF benefits (Administrative Code of City of NY § 13-271 [a] [1]; § 13-268 [5]), and that, as transferees, they would...

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