MATTER OF DEMMA v. LEVITT


11 N.Y.2d 735 (1962)

In the Matter of Fred Demma, Respondent, v. Arthur Levitt, as Comptroller of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1962.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and George H. Rothlauf of counsel), for appellant.

William S. Calli for respondent.

Concur: Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND dissents in the following opinion in which Judge DYE concurs.


Order of Appellate Division reversed and determination of the Comptroller reinstated, without costs. The findings and conclusions of the Comptroller, vested by statute with "exclusive authority" to determine applications for benefits under the retirement provisions of the Retirement and Social Security Law, are supported by medical testimony in the record. In such a case, the independent judgment of the Comptroller, that the physical incapacity of respondent was not the natural...

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