Gilligan v. Holling

Appellate Division of the Supreme Court of New York

Gilligan v. Holling

262 A.D. 813, 28 N.Y.S.2d 145, 1941 N.Y. App. Div. LEXIS 5968

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

DecidedMay 27, 1941

StatusPublished

This text of 262 A.D. 813 (Gilligan v. Holling) 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.

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Gilligan v. Holling, 262 A.D. 813, 28 N.Y.S.2d 145, 1941 N.Y. App. Div. LEXIS 5968 (N.Y. Ct. App. 1941).

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Opinion

Determination annulled, without costs, and the matter remitted to the police pension board of the city of Buffalo, with instructions to make findings of fact in support of whatever determination it may reach on the evidence, with leave to any party appearing to introduce further evidence. We suggest that findings of fact on the following questions would be appropriate. 1. Did Thomas J. Gilligan suffer an injury on May 3, 1939? 2. If so, was such injury suffered while in the discharge of his duty as a police officer? 3. If so, did he die within one year after the said injury and as a result thereof? (Matter of New York Water Service Corp. v. Water Power and Control Comm., 283 N. Y. 23; Matter of Collins v. Behan, 285 id. 187; Matter of Raskin, 243 App. Div. 561; Matter of French v. Livingston, 261 id. 1049.) All concur. (Proceedings in nature of certiorari under article 78 of Civil Practice Act to review the determination of respondents in denying petitioner’s application for a pension.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.

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Determination annulled, without costs, and the matter remitted to the police pension board of the city of Buffalo, with instructions to make findings of fact in support of whatever determination it may reach on the evidence, with leave to any party appearing to introduce further evidence. We suggest that findings of fact on the following questions would be appropriate. 1. Did Thomas J. Gilligan suffer an injury on May 3, 1939? 2. If so, was such injury suffered while in the discharge of his duty as a police officer? 3. If so, did he die within one year after the said injury and as a result thereof? (Matter of New York Water Service Corp. v. Water Power and Control Comm., 283 N. Y. 23; Matter of Collins v. Behan, 285 id. 187; Matter of Raskin, 243 App. Div. 561; Matter of French v. Livingston, 261 id. 1049.) All concur. (Proceedings in nature of certiorari under article 78 of Civil Practice Act to review the determination of respondents in denying petitioner’s application for a pension.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.

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Bluebook (online)

262 A.D. 813, 28 N.Y.S.2d 145, 1941 N.Y. App. Div. LEXIS 5968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilligan-v-holling-nyappdiv-1941.

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