MATTER OF SCOTTO v. BD. OF TRS. OF THE POLICE PENSION FUND OF THE CITY OF NEW YORK, ARTICLE II


54 N.Y.2d 918 (1981)

In the Matter of Salvatore J. Scotto, Appellant, v. Board of Trustees of the Police Pension Fund of the City of New York, Article II, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1981.


Attorney(s) appearing for the Case

Beatrice H. Salten-Smith and Charles Haydon for appellant.

Allen G. Schwartz, Corporation Counsel (Marjorie E. Bornes and Ronald E. Sternberg of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed without costs.

Given the expertness developed through the respondent board of trustees' repeated exposure to the weighing of conflicting diagnostic medical judgments in its specialized area of decision-making (cf. Matter of Currie v Town of Davenport, 37 N.Y.2d 472, 476), as well as the evaluation submitted...

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