1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 39 A.D.2d
  5. 39 A.D.2d 518 (1972)
 

MATTER OF McGOVERN v. LOWERY

39 A.D.2d 518 (1972)

In the Matter of Luke P. McGovern, Respondent, v. Robert O. Lowery, as Fire Commissioner of The City of New York, and as Chairman of The Board of Trustees of the New York Fire Department Pension Fund, et al., Appellants

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

April 6, 1972

Unanimously reversed, on the law, without costs and without disbursements, and the petition dismissed.

Where, as here, there is a difference of opinion between doctors as to the cause of petitioner's disability, respondents' determination, based upon the advice and recommendation of its Medical Board, cannot be said to be arbitrary and capricious. (Matter of Eichler v. McElligott, 259 App. Div. 151, affd. 283 N.Y. 716;

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases