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
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
- Claim of Currie v. Town of DavenportNew York Court of Appeals · 1975
3Cited by24 opinions
- Tobin v. SteiselNew York Court of Appeals · 1985
- Nicolosi v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1993
- Russo v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1988
- Archul v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1983
- Draves v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1994
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