Legal Opinion · Dissent
Nilsson v. LaGuardia
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1940Published
1DissentO’Malley, J.
Having alleged that the action of the medical board of the New York City Retirement System in its determination was arbitrary and capricious, petitioner was properly granted an alternative writ to the end that it might be determined upon a full adducement of the facts whether he was actually disabled and, if so, whether such disability was service-incurred. He was not bound by the certificate of the medical board to that effect. (Matter of Hodgins v. Bingham, 196 N. Y. 123. See, also, Matter of Wargo v. LaGuardia, 252 App. Div. 746.)
Petitioner at all times from his first injury contended that…
2Cases cited5 opinions
- Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
- Matter of Hodgins v. . BinghamNew York Court of Appeals · 1909
- Matter of Rosenberg v. Bd. of Estimate of City of N.Y.New York Court of Appeals · 1939
- Matter of Sullivan v. Board of Estimate of City of N.Y.New York Court of Appeals · 1939
- Wargo v. LaGuardiaAppellate Division of the Supreme Court of the State of New York · 1937