Sailer v. McGuire

Order and judgment (one paper) of the Supreme Court, New York County (Alvin F. Klein, J.), entered July 5, 1984, which: (1) granted the petition, brought pursuant to CPLR article 78; (2) annulled the determination of the respondents that denied the petitioner’s application for accidental death benefits; and (3) directed that the respondents award the petitioner such benefits, is unanimously modified, on the law and on the facts, only to the extent of: (1) striking the decretal paragraph of the order which awards benefits to the petitioner, and (2) remanding the petitioner’s application to the…