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MATTER OF SCHWARZROCK v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T, ARTICLE 1-B PENSION FUND

238 A.D.2d 596 (1997)

656 N.Y.S.2d 386

In the Matter of Frederick Schwarzrock, Respondent, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, by Howard Safir, et al., Appellants

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

April 28, 1997

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the order made upon reargument; and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, upon reargument, the judgment is vacated, the petition is denied, and the proceeding is dismissed on the merits; and it is further,

Ordered that the appellants are awarded one bill of costs.

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