Legal Opinion

Devens v. Gokey

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1961PublishedCited by 41 opinions

1Per curiam

This is a proceeding under article 78 of the Civil Practice Act in the nature of mandamus, seeking to compel the Commissioner of Public Safety of the City of Oswego to reinstate the petitioner as a fireman in the employ of the city pursuant to section 207-a of the General Municipal Law. The petitioner was injured during the course of his employment. The record indicates he was misled by statements of the Commissioner of Public Safety into believing that he had to accept disability retirement under the State Retirement System and because of this erroneous belief acquiesced in his retirement on…

2Cases cited4 opinions

  1. Amsterdam City Hospital v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1951
  2. Peruzzin v. TestAppellate Division of the Supreme Court of the State of New York · 1953
  3. Dushane v. KazmierczakNew York Supreme Court · 1948
  4. Dushane v. KazmierczakAppellate Division of the Supreme Court of the State of New York · 1948

3Cited by41 opinions

  1. DeWeerth v. BaldingerCourt of Appeals for the Second Circuit · 1987
  2. Johnson v. Director, Downstate Medical CenterAppellate Division of the Supreme Court of the State of New York · 1976
  3. Solomon R. Guggenheim Foundation v. LubellAppellate Division of the Supreme Court of the State of New York · 1990
  4. Perry v. BlairAppellate Division of the Supreme Court of the State of New York · 1975
  5. Curtis v. Board of Education of the Lafayette Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1985

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