Scotto v. Cawley

— Judgment, Supreme Court, New York County, entered August 23, 1974, denying the petitioner-appellant’s application and dismissing his petition to nullify the respondent board of trustees, police pension fund’s determination to retire him on ordinary disability rather than on accidental disability, unanimously reversed, on the law, without costs and without disbursements, and the *734proceeding remanded to the respondent board of trustees for further consideration in accordance with this memorandum. The central issue here is whether the petitioner had a history of back strain prior to a…