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MATTER OF WALSH v. SCOPPETTA

No. 225.

18 N.Y.3d 850 (2011)

962 N.E.2d 771

938 N.Y.S.2d 280

2011 NY Slip Op 9160

In the Matter of ROBERT WALSH, Appellant, v. NICHOLAS SCOPPETTA, as Fire Commissioner of the City of New York and as Chairman of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, et al., Respondents.

Court of Appeals of New York.

Decided December 20, 2011.

Attorney(s) appearing for the Case

Ungaro & Cifuni, New York City ( Nicholas G. Cifuni and Robert A. Ungaro of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Paul T. Rephen and Leonard Koerner of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On New Year's Eve in 2003, petitioner Robert Walsh, a firefighter in the New York City Fire Department, got into a "loud and heated" argument with a fellow firefighter in the kitchen of the firehouse. Their dispute, fueled by the prohibited consumption of alcohol, escalated from mutual taunting and provocative insults to assault when the other firefighter...

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