Legal Opinion
Eichler v. McElligott
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1940PublishedCited by 17 opinions
1Opinion of the CourtCohn, J.
After an examination formally conducted by the medical officers of the fire department, petitioner was found by ‘them to be physically disqualified for the performance of any duty; they also found that such disqualification was not caused or induced *152in the discharge of duty. The fire commissioner was accordingly empowered by statute upon the basis of such findings to retire petitioner from all service in the department and to retire him on half pay. (Greater New York Charter, § 790; Matter of Phillips v. McElligott, 279 N. Y. 792.) In view of the proof adduced upon the trial which established…
2Cases cited5 opinions
- Strauss v. HannigAppellate Division of the Supreme Court of the State of New York · 1939
- Matter of Strauss v. HannigNew York Court of Appeals · 1939
- Doherty v. McElligottAppellate Division of the Supreme Court of the State of New York · 1939
- Matter of Phillips v. McElligottNew York Court of Appeals · 1939
- Matter of Sullivan v. Board of Estimate of City of N.Y.New York Court of Appeals · 1939
3Cited by17 opinions
- López Luiggi v. Muñoz MarínSupreme Court of Puerto Rico · 1957
- Thomasson v. ValentineAppellate Division of the Supreme Court of the State of New York · 1942
- Ornstein v. ReganCourt of Appeals for the Second Circuit · 1978
- Ornstein v. ReganCourt of Appeals for the Second Circuit · 1978
- McGovern v. LoweryAppellate Division of the Supreme Court of the State of New York · 1972
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