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
New York Court of Appeals·Decided October 20, 1981·Published·Cited by 24 cases

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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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).

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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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