Matter Joseph Giannino v. Martin Lang Book Reviews

Matter Joseph Giannino v. Martin Lang by Supreme Court of New York Book Summary

[52 A.D.2d 539 Page 539] Order, Supreme Court, New York County, entered November 28, 1973, directing a trial as to whether (a) the findings of the Medical Board of the New York City Employee's Retirement System were supported by competent evidence and (b) the action of the board of trustees thereof, which adopted the recommendation of said medical board and denied petitioner's application for accident disability retirement, was arbitrary and capricious, unanimously modified, on the law, without costs and disbursements, to the extent of remanding the matter to respondents for further proceedings consistent herewith. Petitioner commenced employment with the City of New York on March 20, 1961. On March 10, 1971, while employed as a laborer in the Department of Water Resources, he was struck by the boom of a crane and received serious injuries to his back, requiring a year's hospitalization. His personal physician opined that petitioner was physically or mentally incapacitated for the performance of duty and ought to be retired; and petitioner applied for accident disability retirement. The medical board, after an apparently cursory examination, disagreed. Petitioner was then advised by the secretary of the retirement system, inter alia, that the medical board had certified that he was not mentally or physically incapacitated for the performance of city-service as a natural and [52 A.D.2d 539 Page 540]

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