SCHULMAN v. JARCHO


49 N.Y.2d 880 (1980)

Nathan Schulman et al., Plaintiffs, and Albert Battaglini, Appellant, v. James J. Jarcho et al., Constituting the Joint Plumbing Industry Board, Respondents. Jack Walkes, Plaintiff, v. James J. Jarcho et al., Constituting the Joint Plumbing Industry Board, Defendants.

Court of Appeals of the State of New York.

Decided March 27, 1980.


Attorney(s) appearing for the Case

Alfred T. De Maria and Herman Taub for appellant.

Abraham Wilson for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs.

A review of the record leads us to the conclusion that plaintiff Battaglini has failed to demonstrate that respondents acted arbitrarily and capriciously in denying him pension benefits. Although it is true that one factor tending to indicate arbitrariness is "where an applicant is not given notice of changes...

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