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Belle v. McGuire
Citations: 98 A.D.2d 690; 469 N.Y.S.2d 767; 1983 N.Y. App. Div. LEXIS 20988
Court: Appellate Division of the Supreme Court of the State of New York; December 26, 1983; New York; State Appellate Court
The Supreme Court of New York County, under Justice B. S. Sherman, issued an order on August 5, 1982, remanding a matter to the Board of Trustees of the Police Pension Fund, Article II, for reconsideration of causality and service connection issues. However, this order was unanimously reversed. The court confirmed the trustees' determination to deny the petitioner accident disability retirement and dismissed the petition without costs. The trustees' decision was found to be neither arbitrary nor capricious. It was noted that the issue of causation falls within the realm of medical judgment, allowing the board to rely on the medical board's opinion. The decision referenced prior cases, including Matter of Christian v. New York City Employees’ Retirement System and Matter of Scotto v. Board of Trustees of Police Pension Fund, to support its ruling. The judges concurring in this decision were Sandler, J.P., Silverman, Fein, Milonas, and Alexander.