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MATTER OF YARUSSO v. NEW YORK CITY POLICE DEPT.

Index No. 155945/18. Appeal No. 12555. Case No. 2019-4852.

189 A.D.3d 471 (2020)

136 N.Y.S.3d 273

2020 NY Slip Op 07308

In the Matter of Richard Yarusso, Appellant, v. New York City Police Department et al., Respondents.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Law Office of Thomas Torto, New York ( Thomas Torto of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Jonathan A. Papolow of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.

Administrative Code of City of NY § 13-254(a) provides that respondent "board may, and upon his or her application shall, require any disability pensioner, under the minimum age or period for service retirement elected by him or her, to undergo medical examination," and if the board concludes that he or she "is able to engage in a gainful occupation," it certifies the pensioner to "the appropriate civil service commission," which places the pensioner "as a preferred...

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