Hyperlawhypertext legal databasebeta Ferrigno v. Board of Trustees of the Police Pension Fund 48 N.Y.2d 788

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Ferrigno v. Board of Trustees of the Police Pension Fund

48 N.Y.2d 788 Court N.Y. Decision date 1979-11-15 English

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p. 788
In the Matter of Matthew Ferrigno, Appellant, v Board of Trustees of the Police Pension Fund of the City of New York, Article II, Respondents.
Argued October 15, 1979;
decided November 15, 1979
p. 789
APPEARANCES OF COUNSEL
Louis L. Stutman for appellant.
Allen G. Schwartz, Corporation Counsel (Renee Modry, L. Kevin Sheridan and Paul T. Rephen of counsel), for respondents.
Richard A. Dienst for Captains Endowment Association, New York City Police Department, and others, amici curiae.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court.

In view of this disposition we do not reach or consider the contention pressed by respondent that, notwithstanding the provisions of section 207-k of the General Municipal Law, recovery under section B18-43.0 of the Administrative Code of the City of New York for accidental disability pensions is limited to disabilities caused by sudden, unforeseen injuries.

p. 790
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Statutes and regulations cited