Lorber v. O'Dwyer

Petitioner brings this article 78 proceeding to secure a physical examination with a view to reinstatement in the civil service. She was retired on May 20,1948, indefinitely for ordinary disability and thereafter, in July, 1948, she attained the age of fifty-five, her selected minimum retirement age. Almost one year later, in May, 1949, and since then petitioner has attempted to secure such examination, feeling she has recovered and is able to engage in gainful occupation.

Respondents take the position that section B3-41.0 of the Administrative Code of the City of New York is for the…