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MATTER OF SIMON v. GARRISON

35 A.D.2d 722 (1970)

In the Matter of Michael K. Simon, Respondent, v. Lloyd K. Garrison et al., Constituting The Board of Education Retirement System of the City of New York, et al., Appellants

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

October 5, 1970

Judgment reversed, on the law, without costs, and proceeding remitted to Special Term for a hearing to determine whether the conclusions of respondents' medical board were supported by competent evidence or were without factual basis (see Matter of Schwab v. McElligott, 175 Misc. 840).

On a prior appeal in this proceeding (Matter of Simon v. Garrison, 30 A.D.2d 546), this court (1) reversed a previous judgment herein...

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