IN THE MATTER OF FRANK STARNELLA, APPELLANT, v. WILLIAM J. BRATTON, &C., ET
AL., RESPONDENTS.
92 N.Y.2d 921, 703 N.E.2d 273, 680 N.Y.S.2d 461 (1998).
June 16, 1998
1 No. 70
(98 NY Int. 0082)
Decided June 16, 1998
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IN THE MATTER OF ANTHONY GASPARINO, APPELLANT, v. WILLIAM J. BRATTON, &C., ET
AL., RESPONDENTS.
92 N.Y.2d 921, 703 N.E.2d 273, 680 N.Y.S.2d 461 (1998).
June 16, 1998
1 No. 71
(98 NY Int. 0082)
Decided June 16, 1998
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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No. 70:
John Patrick Rudden, for appellant.
Linda H. Young, for respondents.
No. 71:
Raymond E. Kerno, for appellant.
Linda H. Young, for respondents.
MEMORANDUM:
In Starnella, the order of the Appellate Division should be affirmed,
with costs. In Gasparino, the order of the Appellate Division should
be reversed, with costs, the petitiongranted, the determination of the
Board of Trustees of the Police Pension Fund denying petitioner an
accidental disability pension annulled and the matter remitted to
Supreme Court with directions to remand to respondent Board of
Trustees for further proceedings in accordance with this memorandum.
Petitioners were disabled as a result of injuries they received in the
SNIPPETS:
AL., RESPONDENTS.
IN THE MATTER OF ANTHONY GASPARINO, APPELLANT, v. WILLIAM J. BRATTON, &C., ET
In Starnella, the order of the Appellate Division should be affirmed, with costs.
In Gasparino, the order of the Appellate Division should be reversed, with costs, the
Petitioners were disabled as a result of injuries they received in the line of duty Officer
Both sought accident disability retirement (Administrative Code of the City of New York §§ 13
In each case respondent Medical Board concluded that petitioners had suffered an "accidental
Accordingly, petitioners did not receive accident disability pensions and instead received
Concluding that Sergeant Gasparino suffered an accidental injury as a matter of law (Matter
The Administrative Code provides that an applicant is entitled to accident disability
We held that a police officer injured as he reached across the hood of a car to place a
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
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