From Casetext: Smarter Legal Research

Matter of Scotto v. Board of Trustees

Court of Appeals of the State of New York
Oct 20, 1981
429 N.E.2d 812 (N.Y. 1981)

Opinion

Argued September 15, 1981

Decided October 20, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD J. GREENFIELD, J.

Beatrice H. Salten-Smith and Charles Haydon for appellant.

Allen G. Schwartz, Corporation Counsel (Marjorie E. Bornes and Ronald E. Sternberg of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed without costs.

Given the expertness developed through the respondent board of trustees' repeated exposure to the weighing of conflicting diagnostic medical judgments in its specialized area of decision-making (cf. Matter of Currie v Town of Davenport, 37 N.Y.2d 472, 476), as well as the evaluation submitted to it by its medical board on the basis of the latter's review of both petitioner's medical record and the results of its prior examination of the petitioner himself, it cannot be said as a matter of law that there was insufficient support for the respondent's denial of the application for an accidental disability pension.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Scotto v. Board of Trustees

Court of Appeals of the State of New York
Oct 20, 1981
429 N.E.2d 812 (N.Y. 1981)
Case details for

Matter of Scotto v. Board of Trustees

Case Details

Full title:In the Matter of SALVATORE J. SCOTTO, Appellant, v. BOARD OF TRUSTEES OF…

Court:Court of Appeals of the State of New York

Date published: Oct 20, 1981

Citations

429 N.E.2d 812 (N.Y. 1981)
429 N.E.2d 812
445 N.Y.S.2d 134

Citing Cases

Matter of Tobin v. Steisel

The distinction hardly amounts to a mere "exercise in semantics", as is suggested by the dissent. While there…

Matter of Russo v. Board of Tr. of the N.Y

The Board of Trustees is charged with the responsibility of determining causation, namely, whether the…