Brand v. Teachers' Retirement Board

“ Whether the action of a commissioner, either of fire or police, is conclusive or not, depends on the wording of the statute. If the statute provides that the existence of a certificate of medical officers shall authorize the commissioner to act, then his act pursuant thereto cannot be overruled. People ex rel. Price v. Bingham, 125 App. Div. 722; Matter of Reynolds v. Bingham, 126 App. Div. 289. On the other hand, if the power of the commissioner to act depends on the existence of a fact, then whether or not that fact exists is a question of fact, and such question may *218be tried in the…