ORNSTEIN v. REGAN

No. 1066, Docket 79-7165.

604 F.2d 212 (1979)

Irving ORNSTEIN, Plaintiff-Appellant, v. James F. REGAN, Chairman, Board of Education Retirement System of the City of New York, Board of Education Retirement System of the City of New York and Joseph Antoinette, Executive Secretary, Board of Education Retirement System of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 23, 1979.


Attorney(s) appearing for the Case

Helene M. Freeman, New York City (Gordon & Shechtman, P. C., and Sam Resnicoff, New York City, on the brief), for plaintiff-appellant.

L. Kevin Sheridan, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel, New York City, on the brief), for defendants-appellees.

Before OAKES and VAN GRAAFEILAND, Circuit Judges and CARTER, District Judge.


VAN GRAAFEILAND, Circuit Judge:

On February 17, 1969, appellant, who was employed by the Board of Education of the City of New York as a machinist's helper, allegedly slipped on the ice while proceeding from one school to another and sustained permanently disabling injuries. On June 23, 1972, he applied to the Board of Education Retirement System for retirement based on permanent disability. Because Rule 17 of the Rules and Regulations of the Retirement System requires...

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