Alexander v. New York City Employees' Retirement System

Appellate Division of the Supreme Court of New York

Alexander v. New York City Employees' Retirement System

43 A.D.2d 826, 351 N.Y.S.2d 411, 1974 N.Y. App. Div. LEXIS 5851

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 1974·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County, entered February 28, 1973, inter alia, directing respondents to retire petitioner on a service-connected disability pension, unanimously reversed, on the law, and vacated, without costs’ and without disbursements, and the petition dismissed. In view of the conflicting medical opinions presented, we find no justification for judicial interference with the decision of respondents to accept the recommendation of the medical board. (Matter of Strauss v. Kammig, 256 App. Div. 662, affd. 281 N. Y. 612; Matter of McGovern v. Lowery, 39 A D 2d 518, affd. 32 N Y 2d 954.) Concur — MeGivern, P. J., Murphy, Steuer and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, entered February 28, 1973, inter alia, directing respondents to retire petitioner on a service-connected disability pension, unanimously reversed, on the law, and vacated, without costs’ and without disbursements, and the petition dismissed. In view of the conflicting medical opinions presented, we find no justification for judicial interference with the decision of respondents to accept the recommendation of the medical board. (Matter of Strauss v. Kammig, 256 App. Div. 662, affd. 281 N. Y. 612; Matter of McGovern v. Lowery, 39 A D 2d 518, affd. 32 N Y 2d 954.) Concur — MeGivern, P. J., Murphy, Steuer and Capozzoli, JJ.

Alexander v. New York City Employees' Retirement System, 43 A.D.2d 826, 351 N.Y.S.2d 411, 1974 N.Y. App. Div. LEXIS 5851 (N.Y. Ct. App. 1974).

Pincite

43 A.D.2d 826 (Alexander v. New York City Employees' Retirement System) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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