MATTER OF STARNELLA v. BRATTON


92 N.Y.2d 836 (1998)

699 N.E.2d 421

677 N.Y.S.2d 62

In the Matter of Frank Starnella, Appellant, v. William J. Bratton et al., Respondents. In the Matter of Anthony Gasparino, Appellant, v. William J. Bratton et al., Respondents.

Court of Appeals of the State of New York.

Decided June 16, 1998.


Attorney(s) appearing for the Case

John P. Rudden, New York City, for Frank Starnella, appellant.

Trager, Cronin & Byczek, L. L. P., Lake Success (Raymond E. Kerno and John J. Mackin of counsel), for Anthony Gasparino, appellant.

Michael D. Hess, Corporation Counsel of New York City (Linda H. Young, Margaret G. King and Pamela Seider Dolgow of counsel), for respondents.

Chief Judge KAYE and JUDGES TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

In Starnella, the order of the Appellate Division should be affirmed, with costs. In Gasparino, the order of the Appellate Division should be reversed, with costs, the petition granted, the determination of the Board of Trustees of the Police Pension Fund denying petitioner an accidental disability pension annulled and the matter remitted to Supreme Court...

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