Legal Opinion

Duester v. McGuire

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1981PublishedCited by 2 opinions

1Opinion of the Court

— Order and judgment, Supreme Court, New York County, entered January 7, 1980, directing that an accident disability retirement pension be granted to petitioner-respondent, unanimously reversed, on the law, without costs or disbursements, and the matter remanded to the Medical Board of the Police Pension Fund. (See Matter of De Milia v McGuire, 76 AD2d 1039, affd 52 NY2d 463; Uniformed Firefighters Assn. Local 94, IAFF, AFL-CIO v Beck-man, 76 AD2d 1043, affd 52 NY2d 463.) Special Term erred when it granted the pension. This power resides in the board of trustees (Administrative Code of the…

2Cases cited4 opinions

  1. Uniformed Firefighters Ass'n v. BeekmanNew York Court of Appeals · 1981
  2. Meschino v. LoweryAppellate Division of the Supreme Court of the State of New York · 1970
  3. Costigan v. RennerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Dixon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. Jones v. Board of Trustees of New York Fire Department Article 1-B Pension FundAppellate Division of the Supreme Court of the State of New York · 1986
  2. Perkins v. Board of Trustees of New York Fire Department Article 1-B Pension FundAppellate Division of the Supreme Court of the State of New York · 1982

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