Shafferman v. Murphy

—Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered September 21, 1995, which, inter alia, granted petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination denying petitioner an accident disability pension and remanded the matter to respondents, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed.

Initially, we affirmed, finding that the IAS Court correctly held respondents’ determination to be arbitrary and capricious on the basis of overwhelming medical evidence of…