Reich v. McGoldrick

This is an article 78 proceeding to compel respondents to retire petitioner, a police sergeant, for service-connected accident disability. There is no dispute that the accident was service-connected and that any present disability of petitioner resulted therefrom. The primary question here involved is whether the Medical Board of the Police Pension Fund wrongfully refused to find that petitioner was physically incapable of performing police duty and whether the Board of Trustees of the Police Pension Fund arbitrarily, capriciously, and illegally thereafter denied petitioner’s accident…