Cantone v. DiNapoli

50 A.D.3d 1307, 855 N.Y.S.2d 728 (N.Y. App. Div. 2008) · Appellate Division of the Supreme Court of the State of New York · April 11, 2008

Summary

The court annulled a determination denying a municipal employee’s application for accidental disability retirement benefits. It held that the Hearing Officer failed to consider substantial medical and testimonial evidence and did not provide an adequate factual basis for the denial, remanding the matter for further proceedings.

Holdings

  1. The determination denying accidental disability retirement benefits must be annulled because the Hearing Officer failed to consider the bulk of petitioner's medical evidence and the decision therefore lacked an adequate statement of the factual basis for the denial.

Questions Presented

  1. Whether respondent's denial of accidental disability retirement benefits was adequately supported when the Hearing Officer failed to consider material testimony and medical evidence.
  2. Whether the agency determination had a rational basis in the record and an adequate statement of the factual basis for denying the application.

Disposition

reversed_and_remanded

Cases Cited (3)

  • Matter of Cantone v. McCall, 289 A.D.2d 863 (2001)(followed)
  • Matter of Montauk Improvement v. Proccacino, 41 N.Y.2d 913, 914 (1977)(followed)
  • Matter of Bierenbaum v. Goord, 13 A.D.3d 945, 946 (2004)(followed)

Cited In (0)

No citing cases on record yet.

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