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MATTER OF JEFFERYS v. COMPTROLLER OF CITY OF N. Y.

278 A.D. 496 (1951)

In the Matter of Thomas W. Jefferys, Respondent, v. Comptroller of the City of New York et al., Appellants

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

June 29, 1951.

Attorney(s) appearing for the Case

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel, attorney), for appellants.

Murray H. Blumenfeld for respondent.

PECK, P. J., DORE and VAN VOORHIS, JJ., concur with CALLAHAN, J.; COHN, J., dissents and votes to affirm, in opinion.

CALLAHAN, J.

This appeal involves the pension rights of a sergeant in the municipal police force, who was formerly assigned to the detective bureau as a detective of the first grade. At the time of his service as a detective, however, the petitioner held the rank of first grade patrolman. When promoted to sergeant in 1946, his designation as a detective was revoked and he was assigned to the uniformed force. This...

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