MATTER OF GORMLEY v. NEW YORK CITY TRANSIT AUTH.


19 A.D.2d 897 (1963)

In the Matter of James Gormley, Petitioner, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 1963


Determination annulled on the law, with costs; order of dismissal vacated; and respondent Authority directed to reinstate petitioner to his former position, effective as of January 22, 1959. No questions of fact were considered.

In our opinion, under all the circumstances, and particularly in view of the holding by the Workmen's Compensation Board that the claimant was unable to work during the period alleged, the respondent Authority failed, as a matter of law, to...

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