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CITY ERIE v. IRENE M. ALESSI (09/02/87)

decided: September 2, 1987.

CITY OF ERIE, PENNSYLVANIA AND THE OFFICERS AND EMPLOYEES RETIREMENT BOARD IN THE CITY OF ERIE, PENNSYLVANIA, APPELLANTS
v.
IRENE M. ALESSI, APPELLEE



Appeal from the Order of the Court of Common Pleas of Erie County, in the case of Irene M. Alessi v. City of Erie, Pennsylvania and the Officers and Employees Retirement Board in the City of Erie, Pennsylvania, No. 3052-A-1985.

COUNSEL

Barry T. Drew, Deputy City Solicitor for City of Erie, Appellant.

Darrel C. Negri, for appellee.

Judges MacPhail and Barry, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 109 Pa. Commw. Page 119]

The City of Erie and its Retirement Board appeal an order of the Court of Common Pleas of Erie County which granted a motion for judgment on the pleadings filed by the appellee, Irene Alessi, and ordered the appellants to pay her a total disability pension.

[ 109 Pa. Commw. Page 120]

The sole issue before the Common Pleas Court and this Court is whether appellee offered sufficient proof to the Retirement Board to establish her entitlement to a total disability pension. As this question was ably disposed of in the opinion of the Honorable Jess S. Jiuliante, we will affirm on the basis of that opinion. Alessi v. City of Erie, Pa. D. & C. 3d (1986).

Order

Now, September 2, 1987, the order of the Court of Common Pleas of Erie County, dated April 18, 1986, at No. 3052-A-1985, is affirmed.

Disposition

Affirmed.

19870902 ...


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