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

Appellate Division of the Supreme Court of the State of New York·Decided May 26, 1998·Published·Cited by 1 cases

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.

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).

Pincite

250 A.D.2d 856 (Simmons v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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