Belle v. McGuire

Appellate Division of the Supreme Court of New York

Belle v. McGuire

98 A.D.2d 690, 469 N.Y.S.2d 767, 1983 N.Y. App. Div. LEXIS 20988

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

DecidedDecember 27, 1983

StatusPublished

This text of 98 A.D.2d 690 (Belle v. McGuire) 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

Belle v. McGuire, 98 A.D.2d 690, 469 N.Y.S.2d 767, 1983 N.Y. App. Div. LEXIS 20988 (N.Y. Ct. App. 1983).

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Opinion

Order/judgment (one paper), Supreme Court, New York County (B. S. Sherman, J.), entered August 5,1982 remanding matter to appellant Board of Trustees of Police Pension Fund, Article II, for reconsideration of the issues of causality and service connection, is unanimously reversed, on the law, appellant trustees’ determination denying petitioner accident disability retirement is confirmed, and the petition is dismissed, without costs. Appellant’s action in denying petitioner accident disability retirement was not arbitrary or capricious. “[T]he issue of causation being one for medical judgment, the board of trustees was entitled to rely on the opinion of the medical board.” (Matter of Christian v New York City Employees’ Retirement System, 56 NY2d 841, 843; see, also, Matter ofScotto v Board of Trustees of Police Pension Fund, 54 NY2d 918, affg 76 AD2d 774.) Concur — Sandler, J. P., Silverman, Fein, Milonas and Alexander, JJ.

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Order/judgment (one paper), Supreme Court, New York County (B. S. Sherman, J.), entered August 5,1982 remanding matter to appellant Board of Trustees of Police Pension Fund, Article II, for reconsideration of the issues of causality and service connection, is unanimously reversed, on the law, appellant trustees’ determination denying petitioner accident disability retirement is confirmed, and the petition is dismissed, without costs. Appellant’s action in denying petitioner accident disability retirement was not arbitrary or capricious. “[T]he issue of causation being one for medical judgment, the board of trustees was entitled to rely on the opinion of the medical board.” (Matter of Christian v New York City Employees’ Retirement System, 56 NY2d 841, 843; see, also, Matter ofScotto v Board of Trustees of Police Pension Fund, 54 NY2d 918, affg 76 AD2d 774.) Concur — Sandler, J. P., Silverman, Fein, Milonas and Alexander, JJ.

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Bluebook (online)

98 A.D.2d 690, 469 N.Y.S.2d 767, 1983 N.Y. App. Div. LEXIS 20988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belle-v-mcguire-nyappdiv-1983.

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