Tiernan v. Walsh

Treating this case as if the proper procedure had been followed by Special Term referring the controversy to this court in the first instance, and disposing of the issues on the merits (Civ. Prac. Act, § 1296), it is our view that the dispute which is the basis of this controversy involves a mere difference of opinion on a medical question, and, therefore, the courts are not warranted in interfering with the order of the Fire Commissioner. (Matter of Sheridan V. McElligott, 278 N. Y. 59; Matter of Eichler v. McElligott, 259 App. *963Div. 151, affd. 283 N. Y. 716; Matter of Thomasson v. Valentine,…