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TOMISER v. BD. OF TRUST. OF N.Y. CITY FIRE

No. 94 Civ. 6534.

889 F.Supp. 106 (1995)

Richard TOMISER, Plaintiff, v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT, Article 1B Pension Fund, Fire Commissioner Carlos Rivera, New York City Fire Department, 1B Medical Board, Francis A. Pflum, Chairman, Defendants.

United States District Court, S.D. New York.

June 19, 1995.

Attorney(s) appearing for the Case

Kliegerman & Friess, New York City (Rosemary Carroll, of counsel), for plaintiff.

Paul A. Crotty, Corp. Counsel of the City of N.Y., New York City (Anshel David, of counsel), for defendants.

OPINION AND ORDER

BAER, District Judge:

Tomiser, a retired New York City firefighter, injured his back and was retired on Ordinary Disability Retirement ("ODR") rather than on Accidental Disability Retirement ("ADR"). Tomiser complains under 42 U.S.C. § 1983 that defendants deprived him of property — the more lucrative ADR — without due process by not permitting him to appear before the medical boards and trustees who determined...

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