O'Brien v. Long Island Rail Road

Appellate Division of the Supreme Court of New York

O'Brien v. Long Island Rail Road

86 A.D.2d 602, 449 N.Y.S.2d 931, 1982 N.Y. App. Div. LEXIS 15129

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

DecidedJanuary 18, 1982

StatusPublished

This text of 86 A.D.2d 602 (O'Brien v. Long Island Rail Road) 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

O'Brien v. Long Island Rail Road, 86 A.D.2d 602, 449 N.Y.S.2d 931, 1982 N.Y. App. Div. LEXIS 15129 (N.Y. Ct. App. 1982).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Managers of the Long Island Rail Road Company Pension Plan, which denied petitioner benefits under a 1974 amended pension plan, petitioner appeals from a judgment of the Supreme Court, Queens County (Dufficy, J.), dated July 17, 1980, which dismissed the petition. Judgment affirmed, without costs or disbursements. We find that petitioner’s break in service, which occurred after July 1, 1971 but prior to July 1, 1974, precluded him frotii obtaining benefits under the 1974 amended pension plan. Accordingly, there was a sufficient basis to support the findings of the Board of Managers of the Long Island Rail Road Company Pension Plan. Mollen, P. J., Lazer, Cohalan and Thompson, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Managers of the Long Island Rail Road Company Pension Plan, which denied petitioner benefits under a 1974 amended pension plan, petitioner appeals from a judgment of the Supreme Court, Queens County (Dufficy, J.), dated July 17, 1980, which dismissed the petition. Judgment affirmed, without costs or disbursements. We find that petitioner’s break in service, which occurred after July 1, 1971 but prior to July 1, 1974, precluded him frotii obtaining benefits under the 1974 amended pension plan. Accordingly, there was a sufficient basis to support the findings of the Board of Managers of the Long Island Rail Road Company Pension Plan. Mollen, P. J., Lazer, Cohalan and Thompson, JJ., concur.

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Bluebook (online)

86 A.D.2d 602, 449 N.Y.S.2d 931, 1982 N.Y. App. Div. LEXIS 15129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-long-island-rail-road-nyappdiv-1982.