Legal Opinion

Albano v. Board of Trustees of New York City Fire Department

New York Court of Appeals

Decided October 15, 2002PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The issue before this Court is whether the decision of the Board of Trustees that appellant’s testicular cancer is not a cancer “affecting the lymphatic, digestive, hematological, urinary or prostate systems” (General Municipal Law § 207-kk) has a rational basis and is supported by substantial evidence. We hold that the decision is rational and is supported by substantial evidence, as did the Appellate Division.

Appellant Albano, a firefighter with the New York City Fire Department for 30 years, was diagnosed with testicular cancer. Eight months after he underwent…

2Cases cited4 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Matter of City of New York v. SchoeckNew York Court of Appeals · 1945
  3. In re the Claim of GruberNew York Court of Appeals · 1996
  4. Dworman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1999

3Cited by15 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Matter of DeVera v. EliaNew York Court of Appeals · 2018
  3. KSLM-Columbus Apartments, Inc. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2004
  4. Claim of Tucker v. City of Plattsburgh Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2017
  5. United University Professions v. StateAppellate Division of the Supreme Court of the State of New York · 2006

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