Simmons v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Simmons v. New York City Transit Authority

250 A.D.2d 856, 671 N.Y.S.2d 1017, 1998 N.Y. App. Div. LEXIS 6022

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

DecidedMay 26, 1998

StatusPublished

Cited by1 cases

This text of 250 A.D.2d 856 (Simmons v. New York City Transit Authority) 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

Simmons v. New York City Transit Authority, 250 A.D.2d 856, 671 N.Y.S.2d 1017, 1998 N.Y. App. Div. LEXIS 6022 (N.Y. Ct. App. 1998).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the appellant Manhattan and Bronx Surface Transit Operating Authority, dated May 21, 1996, denying the petitioner’s application for a disability retirement pension, the [857]*857appeal is from a judgment of the Supreme Court, Kings County (Kramer, J.), entered May 7, 1997, which granted the petition and annulled the determination.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

The administrative determination under review was supported by substantial evidence when examined in accordance with the applicable standards (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756). Bracken, J. P., Copertino, Joy and McGinity, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the appellant Manhattan and Bronx Surface Transit Operating Authority, dated May 21, 1996, denying the petitioner’s application for a disability retirement pension, the [857]*857appeal is from a judgment of the Supreme Court, Kings County (Kramer, J.), entered May 7, 1997, which granted the petition and annulled the determination.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

The administrative determination under review was supported by substantial evidence when examined in accordance with the applicable standards (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756). Bracken, J. P., Copertino, Joy and McGinity, JJ., concur.

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Bluebook (online)

250 A.D.2d 856, 671 N.Y.S.2d 1017, 1998 N.Y. App. Div. LEXIS 6022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-new-york-city-transit-authority-nyappdiv-1998.

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