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

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

DecidedJanuary 28, 1974

StatusPublished

Cited by2 cases

This text of 43 A.D.2d 826 (Alexander v. New York City Employees' Retirement System) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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Bluebook (online)

43 A.D.2d 826, 351 N.Y.S.2d 411, 1974 N.Y. App. Div. LEXIS 5851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-new-york-city-employees-retirement-system-nyappdiv-1974.

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