ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

November 22, 2011

Independent determination needed by town board

Independent determination needed by town board
Ross v. Town Board of the Town of Ramapo, 78 A.D.2d 656

A police officer was injured in a fall. His application for an accidental disability retirement allowance under the Retirement and Social Security Law was denied by the Retirement System. The Town of Ramapo continued to pay the officer’s full salary (see Section 207-a, General Municipal Law) until the Town Board passed a resolution terminating the employment almost four years later.

The Board had relied upon the determination by the Retirement System that the injury was not service related. The Court ordered the police officer reinstated, holding the Board’s action did not provide the required due process.


The critical issue appears to be that the Retirement System had not made a “final determination” and the Board would have to make an independent determination as to the job-relatedness of the injury. The Court said “(the Board cannot) deny these (Section 207-a) benefits...based upon the finding of another State agency ... not yet final and which is predicated upon a different standard of proof”.

The decision in Economico (50 NY2d 120) was distinguished in this case. In Economico the injury involved was conceded not to be service related. This decision suggests that the employer must take independent action to remove a police officer from the payroll when it believes that the injury was not service related within the meaning of Section 207-a.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com