Legal Opinion
Basciano v. Herkimer
Court of Appeals for the Second Circuit
Decided November 15, 1978No. 997, Docket 78-7035PublishedCited by 33 opinions
1Opinion of the Court
TIMBERS, Circuit Judge:
This is an appeal from a judgment entered in the Southern District of New York, Charles M. Metzner, District Judge, on a motion for summary judgment by the City of New York, dismissing the complaint of a former City employee who claimed that the City’s procedure for determining his eligibility for accident disability retirement benefits deprived him of due process of law.
For the reasons below, we affirm.
I
The facts are straightforward and not in dispute. Both sides moved for summary judgment below.
On February 27, 1973 Basciano sustained a back injury while employed as a…
2Cases cited9 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- David Giordano v. City of New York, Howard Safir, Police Commissioner, New York City Police Department, Medical Board, Police Pension Fund, Article IICourt of Appeals for the Second Circuit · 2001
- Sheldon Portman v. County of Santa Clara Bob DiridonCourt of Appeals for the Ninth Circuit · 1993
- Gray Panthers v. Richard S. Schweiker, Secretary of the Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1981
- Kapps v. WingCourt of Appeals for the Second Circuit · 2005
- John Buttrey and John Buttrey Developments, Inc. v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1982
28 more not listed; retrieve them via the Exa API.