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Gillott v. City of New York
See Mahoney v. McGuire, 107 A.D.2d 363, 365 , 487 N.Y.S.2d 13, 15 (1st Dep’t), aff’d, 66 N.Y.2d 622 , 495 N.Y.S.2d 29 , 485 N.E.2d 239 (1985). .Section 13-252 of the New York Administrative Code (Police Pension Funds) sets forth the statutory requirements for entitlement to an accident disability retirement pension: Medical examination of a member in city-service for accident disability and investigation of all statements and certifications by him or her or on his or her behalf in connection therewith shall be made upon the application of the commissioner, or upon the application of a memb…
Retrieving the full opinion text from the archive…
Herman Fairbairn, as Parents and Natural Guardians of Alan Fairbairn, an Infant
v.
State of New York
v.
State of New York
Claim No. 65848.
New York Court of Appeals.
Oct 8, 1985.
485 N.E.2d 239
APPEARANCES OF COUNSEL, Ellen Leary Coccoma for appellants., Robert Abrams, Attorney-General (Michael S. Buskus, Robert Hermann and Peter H. Schiff of counsel), for respondent.
Cited by 2 opinions | Published
OPINION OF THE COURT
Order affirmed, with costs. The finding of the Appellate Division, that no joint enterprise existed, more closely comports with the weight of the evidence than does the contrary finding of the Court of Claims.
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.