Rosenberg v. Board of Estimate

Motion to dismiss proceeding on the ground that it should have been instituted in New York county under section 1287 of the Civil Practice Act and not in Kings county.

The proceeding is brought under sections 1283 et seq. of article 78 of the Civil Practice Act. The petitioner seeks an order directing the board of estimate, the New York city employees’ retirement *360system and the medical board of the retirement system to vacate and annul a determination arrived at by the medical board recommending that the petitioner be retired for ordinary disability and rejecting the petitioner’s claim for…