Hyperlawhypertext legal databasebeta O'Hagan v. Board of Trustees of the New York City Fire Department Pension Fund 55 N.Y.2d 784

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O'Hagan v. Board of Trustees of the New York City Fire Department Pension Fund

55 N.Y.2d 784 Court N.Y. Decision date 1981-12-17 English

Contents

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p. 784
In the Matter of John T. O’Hagan, Appellant, v Board of Trustees of the New York City Fire Department Pension Fund, Article 1-B, et al., Respondents.
Decided December 17, 1981
p. 785
APPEARANCES OF COUNSEL
Michael T. Sullivan for appellant.
p. 786
Allen G. Schwartz, Corporation Counsel (Paul T. Rephen of counsel), for respondents.
Murray A. Gordon and Norman E. Teitler for Uniformed Firefighters Association and another, amici curiae.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs, and the certified question answered in the affirmative. It was proper for the Appellate Division to remand the matter to respondent board of trustees for a fair consideration of petitioner’s application, there being no reason to presume that an unbiased board would not properly consider the merits of the application. In view of this disposition, it is unnecessary to reach the question of whether petitioner’s hearing loss, sustained over a period of time, may be considered an accidental injury within the meaning of section B19-7.84 of the Administrative Code of the City of New York.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.