Scotto v. Board of Trustees of the Police Pension Fund

Majority

p. 918

In the Matter of Salvatore J. Scotto, Appellant, v Board

p. 919

of Trustees of the Police Pension Fund of the City of New York, Article II, Respondent.

Argued September 15,1981;

decided October 20, 1981

p. 920

APPEARANCES OF COUNSEL

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.

OPINION OF THE COURT

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 NY2d 472 , 476), as well as the evaluation submitted to it by its medical board on the basis of the latter’s review of both petitioner’s medical record and the results of its prior examination of the petitioner himself, it cannot be said as a , matter of law that there was insufficient support for the respondent’s denial of the application for an accidental disability pension.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

p. 921

Order affirmed, without costs, in a memorandum.

Cases cited

Claim of Currie v. Town of Davenport 37 NY2d 472 N.Y. 1975-07-10 at 476 p. 920