Schilke v. Teachers' Retirement Board

Appellate Division of the Supreme Court of New York

Schilke v. Teachers' Retirement Board

281 A.D. 811, 118 N.Y.S.2d 753, 1953 N.Y. App. Div. LEXIS 3370

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

DecidedFebruary 3, 1953

StatusPublished

This text of 281 A.D. 811 (Schilke v. Teachers' Retirement Board) 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

Schilke v. Teachers' Retirement Board, 281 A.D. 811, 118 N.Y.S.2d 753, 1953 N.Y. App. Div. LEXIS 3370 (N.Y. Ct. App. 1953).

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Opinion

Order affirmed, with $20 costs and disbursements to the petitioner-respondent. No opinion. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Breitel, JJ.; Breitel, J., dissents and votes to reverse and dismiss the petition upon the ground that there are neither allegations of fact, as distinguished from conclusions nor other evidence that the board’s action was arbitrary or capricious. On the contrary, the board’s action was amply supported, if not indeed, required by the findings of the medical board.

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Order affirmed, with $20 costs and disbursements to the petitioner-respondent. No opinion. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Breitel, JJ.; Breitel, J., dissents and votes to reverse and dismiss the petition upon the ground that there are neither allegations of fact, as distinguished from conclusions nor other evidence that the board’s action was arbitrary or capricious. On the contrary, the board’s action was amply supported, if not indeed, required by the findings of the medical board.

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Bluebook (online)

281 A.D. 811, 118 N.Y.S.2d 753, 1953 N.Y. App. Div. LEXIS 3370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schilke-v-teachers-retirement-board-nyappdiv-1953.