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KENNY v. NEW YORK CITY TRANSIT AUTHORITY

275 A.D.2d 639 (2000)

713 N.Y.S.2d 173

WILLIAM J. KENNY et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided September 21, 2000.

The motion court erroneously relied on the non-binding recommendation of the Police Pension Fund's Medical Board in granting defendants summary judgment based on their collateral estoppel defense. The Pension Fund's Board of Trustees is the administrative body statutorily responsible for adjudicating police officers' disability retirement claims; the Medical Board serves that body in an advisory capacity (Administrative Code of...

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