Giorgio v. Bucci

Mikoll, J. P.

(dissenting). While I agree with the majority that the appropriate standard of review is whether respondents’ determination is supported by substantial evidence, I cannot agree that the evidence satisfies this standard.

‘When a disability is attributable to both a line-of-duty injury and a preexisting non-work-related condition, [General Municipal Law § ] 207-a benefits must be provided if the job caused or contributed to the disability ‘in a substantial degree’ ” (Matter of Dembowski v Hanna, 245 AD2d 1039, lv denied 91 NY2d 813, quoting Matter of McNamara v City of Syracuse, 60…