Carr v. Ward

Sandler, J. P.

(concurring). I agree with the court that petitioner is entitled to accident disability pension benefits as a matter of law and with much of the analysis that led the *168court to that determination. On the other hand, I think it unnecessary to rest determination of this case, even in part, on facts presented long after the initial incident which, although appearing to be credible in considerable part, the Board of Trustees may well have had the right to reject. Limiting myself to the events originally described, and apparently credited by the Board of Trustees, I believe…