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FISHER v. CONDELLO

137 A.D.2d 446 (1988)

Winston Fisher, Respondent, v. Victor F. Condello, as Chairman of The Retirement Board of the Teachers' Retirement System of the City of New York, et al., Appellants

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

February 18, 1988

Supreme Court, upon reargument, adopted the argument advanced by petitioner that remand was warranted based on the ruling in Matter of Lowcher v New York City Teachers' Retirement Sys. (54 N.Y.2d 373 [1981]). There, the doctor chosen as the independent psychiatrist to examine the petitioner and report to the Medical Board was later appointed as the third member of the Medical Board which reviewed the petitioner's

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