MATTER OF CROWLEY v. BROWN


202 A.D.2d 328 (1994)

609 N.Y.S.2d 11

In the Matter of Robert M. Crowley, Appellant, v. Lee P. Brown, as Police Commissioner of The City of New York, et al., Respondents

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

March 22, 1994


A rational basis for finding that petitioner was not actually engaged in the performance of police duties at time of the accident (Administrative Code of City of NY § 12-127) exists by reason of the fact that the accident occurred after petitioner had been dismissed from his tour of duty. Deference is due to respondent's reading of the statute as excluding "portal to portal...

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