Matter of Kullmann v. Walsh

New York Court of Appeals

Matter of Kullmann v. Walsh

63 N.E.2d 103, 294 N.Y. 557, 1945 N.Y. LEXIS 783

CourtNew York Court of Appeals

DecidedJuly 19, 1945

StatusPublished

Cited by2 cases

This text of 63 N.E.2d 103 (Matter of Kullmann v. Walsh) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Kullmann v. Walsh, 63 N.E.2d 103, 294 N.Y. 557, 1945 N.Y. LEXIS 783 (N.Y. 1945).

Pincite

Opinion

Per Curiam.

The finding of Special Term that the rights of the petitioner-respondent Kullmann were not properly safeguarded upon the examination by the Special Medical Board, is supported by some evidence. Upon that finding a new examination should be ordered before a special medical board, in accordance with the provisions of section B19-4.0, subdivision d, of the Administrative Code of the City of New York.

The order of the Appellate Division should be modified to the extent of reinstating the determination of December 10, 1943, made by the Medical Board appointed by the Fire Commissioner, and directing the appellant Fire Commissioner to order a re-examination of petitioner-respondent Kullmann before a special medical board, and, as so modified, affirmed, with costs to petitioner-respondent.

Lehman, Ch. J., Loughran, Lewis, Comway, Desmond, Thacher and Dye, JJ., concur.

Ordered accordingly.

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