Summary
In Matter of Rosenberg v. Board of Estimate (281 N.Y. 835) the Court of Appeals merely held that, on the pleadings as presented, the Appellate Division had sufficient evidence without further adducement of facts for its decision that there was no service-incurred disability.
Summary of this case from Matter of Nilsson v. LaguardiaOpinion
Argued November 13, 1939
Decided November 28, 1939
Appeal from the Supreme Court, Appellate Division, Second Department, RIEGELMANN, J.
Louis A. Tepper and Joseph Lotterman for appellant.
William C. Chanler, Corporation Counsel ( Seymour B. Quel and James Hall Prothero of counsel), for respondents.
Order affirmed, without costs. The determination of the Appellate Division is amply supported by the evidence. We do not pass upon any other question. No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.