Home/New York Court of Appeals/Matter of Scotto v. Bd. of Trs. of the Police Pension Fund of the City of New York, Article II

Matter of Scotto v. Bd. of Trs. of the Police Pension Fund of the City of New York, Article II

429 N.E.2d 812, 54 N.Y.2d 918, 445 N.Y.S.2d 134, 1981 N.Y. LEXIS 3114
CourtNew York Court of Appeals
DecidedOctober 20, 1981
StatusPublished
Cited by24 cases

This text of 429 N.E.2d 812 (Matter of Scotto v. Bd. of Trs. of the Police Pension Fund of the City of New York, Article II) 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 Scotto v. Bd. of Trs. of the Police Pension Fund of the City of New York, Article II, 429 N.E.2d 812, 54 N.Y.2d 918, 445 N.Y.S.2d 134, 1981 N.Y. LEXIS 3114 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed without costs.

Given the expertness developed through the respondent board of trustees’ repeated exposure to the weighing of conflicting diagnostic medical judgments in its specialized area of decision-making (cf. Matter of Currie v Town of Davenport, 37 NY2d 472, 476), as well as the evaluation submitted to it by its medical board on the basis of the latter’s review of both petitioner’s medical record and the results of its prior examination of the petitioner himself, it cannot be said as a , matter of law that there was insufficient support for the respondent’s denial of the application for an accidental disability pension.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

*921 Order affirmed, without costs, in a memorandum.

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429 N.E.2d 812, 54 N.Y.2d 918, 445 N.Y.S.2d 134, 1981 N.Y. LEXIS 3114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-scotto-v-bd-of-trs-of-the-police-pension-fund-of-the-city-of-ny-1981.