Steinbach v. Board of Trustees of the Police Pension Fund

Appellate Division of the Supreme Court of New York

Steinbach v. Board of Trustees of the Police Pension Fund

50 A.D.2d 532, 375 N.Y.S.2d 1016, 1975 N.Y. App. Div. LEXIS 12246

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1975·Published

Opinion

Judgment, Supreme Court, New York County, entered September 6, 1974, dismissing petitioner-appellant’s proceeding under article 78 CPLR to annul respondent-respondent’s determination in respect of petitioner’s disability status on retirement, unanimously affirmed, without costs and without disbursements. The vote taken by the trustees was not productive of a clear majority of its membership for the relief sought by petitioner, not all [533] eligible votes having been cast. As was conceded on argument by the Corporation Counsel, petitioner’s case is not closed and opportunity is available to him to sustain his position by submission of further proof. Concur — Markewich, J. P., Kupferman, Murphy, Tilzer and Nunez, JJ.

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Judgment, Supreme Court, New York County, entered September 6, 1974, dismissing petitioner-appellant’s proceeding under article 78 CPLR to annul respondent-respondent’s determination in respect of petitioner’s disability status on retirement, unanimously affirmed, without costs and without disbursements. The vote taken by the trustees was not productive of a clear majority of its membership for the relief sought by petitioner, not all [533] eligible votes having been cast. As was conceded on argument by the Corporation Counsel, petitioner’s case is not closed and opportunity is available to him to sustain his position by submission of further proof. Concur — Markewich, J. P., Kupferman, Murphy, Tilzer and Nunez, JJ.

Steinbach v. Board of Trustees of the Police Pension Fund, 50 A.D.2d 532, 375 N.Y.S.2d 1016, 1975 N.Y. App. Div. LEXIS 12246 (N.Y. Ct. App. 1975).

Pincite

50 A.D.2d 532 (Steinbach v. Board of Trustees of the Police Pension Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.