Legal Opinion

Matter of Scotto v. Bd. of Trs. of the Police Pension Fund of the City of New York, Article II

New York Court of Appeals

Decided October 20, 1981PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed without costs.

Given the expertness developed through the respondent board of trustees’ repeated exposure to the weighing of conflicting diagnostic medical judgments in its specialized area of decision-making (cf. Matter of Currie v Town of Davenport, 37 NY2d 472, 476), as well as the evaluation submitted to it by its medical board on the basis of the latter’s review of both petitioner’s medical record and the results of its prior examination of the petitioner himself, it cannot be said as a , matter of law…

2Cases cited1 opinion

  1. Claim of Currie v. Town of DavenportNew York Court of Appeals · 1975

3Cited by24 opinions

  1. Tobin v. SteiselNew York Court of Appeals · 1985
  2. Nicolosi v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1993
  3. Russo v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1988
  4. Archul v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1983
  5. Draves v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1994

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API