PICCOLA v. LUPE


105 A.D.2d 1038 (1984)

Frank Piccola, Appellant, v. Robert Lupe et al., as Trustees of the Construction and Common Laborers Local 157, Schenectady, New York, Pension Fund, Respondents

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

November 29, 1984


The primary question presented on this appeal is whether the trial court properly held that defendants did not act arbitrarily and capriciously in interpreting the pension plan and amendment No. 5 as limited to a case involving temporary interruption of employment and not, as plaintiff contended, a permanently disabling condition with no return to the status of employee thereafter. We conclude that the decision of the trial court was correct. The judgment declaring that plaintiff...

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