Legal Opinion
MATTER OF SIMMONS v. Herkommer
New York Court of Appeals
Decided May 3, 1984PublishedCited by 8 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The presumption created by section 207-k of the General Municipal Law is rebuttable (Matter of Uniformed Firefighters Assn. v Beekman, 52 NY2d 463, 472-473). The expert opinion of the Medical Board constituted competent evidence sufficient to rebut the presumption (Matter of Ferrigno v Board of Trustees of Police Pension Fund, 48 NY2d 788) and it was for the Board of Trustees to determine whether that opinion or the one offered by the petitioner’s expert was to be credited.
Chief Judge Cooke and…
2Cases cited2 opinions
- Uniformed Firefighters Ass'n v. BeekmanNew York Court of Appeals · 1981
- Ferrigno v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1979
3Cited by8 opinions
- Meyer v. Board of TrusteesNew York Court of Appeals · 1997
- Lo Pinto v. WardAppellate Division of the Supreme Court of the State of New York · 1986
- Fernandez v. Board of Trustees of the New York Fire Department Pension Fund, Subchapter 2Appellate Division of the Supreme Court of the State of New York · 2011
- Hogg v. KellyAppellate Division of the Supreme Court of the State of New York · 2012
- Quilty v. WardAppellate Division of the Supreme Court of the State of New York · 1993
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