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Mahoney v. McGuire

66 N.Y.2d 622 Court N.Y. Decision date 1985-10-08 English

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p. 622
In the Matter of Joseph F. Mahoney, Appellant, v Robert J. McGuire, as Police Commissioner of the City of New York and as Executive Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.
Argued September 3, 1985;
decided October 8, 1985
p. 624
APPEARANCES OF COUNSEL
John J. Maguire and Richard Hartman for appellant.
Frederick A. O. Schwarz, Jr., Corporation Counsel {Fred Koli koffand Larry Sonnenshein of counsel), for respondents.

OPINION OF THE COURT

Order affirmed, with costs. We agree with the Appellate Division that the addition of the word "forthwith” to the statutory provisions in question does not alter the rule of Matter of Pierne v Valentine ( 291 NY 333 , 342) but, rather, only precludes an unnecessary or unwarranted delay which is not presented in this case.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.

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