Piccola v. Lupe

Appeal from a judgment of the Supreme Court in favor of defendants, entered July 12, 1983 in Schenectady County, upon a decision of the court at Trial Term (Walsh, Jr., J.), without a jury.

The primary question presented on this appeal is whether the trial court properly held that defendants did not act arbitrarily and capriciously in interpreting the pension plan and amendment No. 5 as limited to a case involving temporary interruption of employment and not, as plaintiff contended, a permanently disabling condition with no return to the status of employee thereafter. We conclude that the…