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Schussler v. Codd

59 N.Y.2d 698 Court N.Y. Decision date 1983-05-03 English

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p. 698
In the Matter of Jerome Schussler, Appellant, v Michael J. Codd, as ex-Police Commissioner of the City of New York and as Past Executive Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.
Decided May 3, 1983
p. 700
APPEARANCES OF COUNSEL
Carol Mellor and Joseph Fallek for appellant.
Frederick A. O. Schwarz, Jr., Corporation Counsel (Larry A. Sonnenshein of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. In the absence of evidence to support a finding of “accidental injury”, the Appellate Division correctly dismissed the petition (Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of N. Y., Art. II, 57 NY2d 1010 ).

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

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