LEMMERMAN v. MCGUIRE


102 Misc.2d 56 (1979)

In the Matter of John H. Lemmerman, Petitioner, v. Robert J. McGuire, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

November 6, 1979.


Attorney(s) appearing for the Case

Hartman & Lerner for petitioner. Allen G. Schwartz, Corporation Counsel (Edward Zagajeski of counsel), for respondents.


MARTIN B. STECHER, J.

Petitioner applies for a judgment pursuant to CPLR article 78 annulling respondents' determination denying his application for accidental disability benefits under section B18-43.0 of the Administrative Code of the City of New York.

Petitioner, a New York City police officer first applied for retirement in April, 1976 claiming a disease of the heart. His application was denied on December 6, 1976 upon the medical board's...

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