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Scotto v. Bd. of Trs. of the Police Pension Fund of the City of New York, Article II

In the Matter of Salvatore J. Scotto, Appellant, v. Board of Trustees of the Police Pension Fund of the City of New York, Article II, Respondent

Scotto v. Bd. of Trs. of the Police Pension Fund of the City of N.Y., Article II, 429 N.E.2d 812 (N.Y. 1981)
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Court
New York Court of Appeals · State Highest Courts
Decided
October 20, 1981
Judges
Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur
Citations
429 N.E.2d 81254 N.Y.2d 918445 N.Y.S.2d 1341981 N.Y. LEXIS 3114

Opinion

OPINION OF THE COURT Memorandum.

The order of the Appellate Division should be affirmed without costs.

Given the expertness developed through the respondent board of trustees’ repeated exposure to the weighing of conflicting diagnostic medical judgments in its specialized area of decision-making (cf.

Matter of Currie v Town of Davenport, 37 NY2d 472, 476 ), as well as the evaluation submitted to it by its medical board on the basis of the latter’s review of both petitioner’s medical record and the results of its prior examination of the petitioner himself, it cannot be said as a , matter of law that there was insufficient support for the respondent’s denial of the application for an accidental disability pension.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

*921 Order affirmed, without costs, in a memorandum.

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Cited by 23 cases

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1981: 11983: 31985: 11986: 11987: 11988: 21989: 11990: 21991: 11992: 11993: 11994: 41996: 419812026peak 1994 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Claim of Currie v. Town of Davenport, 335 N.E.2d 323 (N.Y. 1975) 42

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