
    In the Matter of Peter R. Cardone, 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
    
      APPEARANCES OF COUNSEL
    
      Carol Mellor and Joseph Fallek for appellant.
    
      Frederick A. O. Schwarz, Jr., Corporation Counsel {Aaron I. Blinder 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, for the reasons stated in the memorandum at the Appellate Division (91 AD2d 909).

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