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Matter of Steinbach v. Board of Trustees

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1975
50 A.D.2d 532 (N.Y. App. Div. 1975)

Opinion

November 13, 1975


Judgment, Supreme Court, New York County, entered September 6, 1974, dismissing petitioner-appellant's proceeding under article 78 CPLR to annul respondent-respondent's determination in respect of petitioner's disability status on retirement, unanimously affirmed, without costs and without disbursements. The vote taken by the trustees was not productive of a clear majority of its membership for the relief sought by petitioner, not all eligible votes having been cast. As was conceded on argument by the Corporation Counsel, petitioner's case is not closed and opportunity is available to him to sustain his position by submission of further proof.

Concur — Markewich, J.P., Kupferman, Murphy, Tilzer and Nunez, JJ.


Summaries of

Matter of Steinbach v. Board of Trustees

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1975
50 A.D.2d 532 (N.Y. App. Div. 1975)
Case details for

Matter of Steinbach v. Board of Trustees

Case Details

Full title:In the Matter of RONALD STEINBACH, Appellant, v. BOARD OF TRUSTEES OF THE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 13, 1975

Citations

50 A.D.2d 532 (N.Y. App. Div. 1975)