Sutton v. Frank

Appellate Division of the Supreme Court of New York

Sutton v. Frank

51 A.D.2d 729, 378 N.Y.S.2d 783, 1976 N.Y. App. Div. LEXIS 11217

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 1976·Published

Opinion

In a proceeding pursuant to CPLR article 78 to compel respondents to reinstate petitioner to the status of being on sick leave due to a line-of-duty injury, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered April 17, 1975, which dismissed his petition. Judgment affirmed, without costs or disbursements. On the record under review, we find adequate medical evidence that petitioner’s 1958 injury, sustained while he was on duty, was not the cause of his present condition; the medical review board and the police commissioner did not abuse their discretion in making their respective determinations. Martuscello, Acting P. J., Cohalan, Margett, Damiani and Rabin, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel respondents to reinstate petitioner to the status of being on sick leave due to a line-of-duty injury, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered April 17, 1975, which dismissed his petition. Judgment affirmed, without costs or disbursements. On the record under review, we find adequate medical evidence that petitioner’s 1958 injury, sustained while he was on duty, was not the cause of his present condition; the medical review board and the police commissioner did not abuse their discretion in making their respective determinations. Martuscello, Acting P. J., Cohalan, Margett, Damiani and Rabin, JJ., concur.

Sutton v. Frank, 51 A.D.2d 729, 378 N.Y.S.2d 783, 1976 N.Y. App. Div. LEXIS 11217 (N.Y. Ct. App. 1976).

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51 A.D.2d 729 (Sutton v. Frank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.