Schulman v. Jarcho

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

A review of the record leads us to the conclusion that plaintiff Battaglini has failed to demonstrate that respondents acted arbitrarily and capriciously in denying him pension benefits. Although it is true that one factor tending to indicate arbitrariness is "where an applicant is not given notice of changes in eligibility requirements” (Mitzner v Jarcho, 44 NY2d 39, 46; Burroughs v Board of Trustees, 542 F2d 1128, 1131, cert den 429 US 1096), the record reveals that…