2014 NY Slip Op 04637, Appellate Division, Fourth Department
Petitioner [Plaintiff] commenced this proceeding pursuant to CPLR Article 78 challenging an administrative determination terminating his General Municipal Law §207-c benefits on the ground that his current disability was not related to an injury suffered on-the-job.
Supreme Court refused to transfer the proceeding to the Appellate Division pursuant to CPLR §7804(g), holding that Plaintiff’s petition did not raise an issue involving whether the administrative decision was supported by substantial evidence.
The Appellate Division affirmed the Supreme Court’s decision explaining that "Where, as here, a petition does not raise a substantial evidence issue, a court's inquiry is limited to whether [the administrative determination] was arbitrary, capricious or affected by error of law."
In this instance, said the Appellate Division, the record supports the Supreme Court’s conclusion that the administrative decision terminating Plaintiff’s General Municipal Law §207-c benefits “was neither arbitrary and capricious, i.e., without sound basis in reason and . . . without regard to the facts … nor affected by an error of law.”
____________________General Municipal Law§§ 207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.html