Goode v. New York City Transit Police Department

OPINION OF THE COURT

Richard Lee Price, J.

This is an application by petitioner pursuant to CPLR article 78 to set aside a determination by respondents that denied him an accident disability pension. Respondents cross-move for dismissal.

Petitioner has been a uniformed transit police officer since May 3, 1965. Sometime in 1979 petitioner applied to the Transit Authority for an ordinary disability retirement pension due to a loss of hearing. The department, on recommendation of the medical board, determined that petitioner had indeed suffered a loss of hearing as a result of his employment and…