Diaz v. Kelly

Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered January 13, 2011, which granted the petition to annul respondents’ determination denying petitioner’s request to amend his application for accidental disability retirement (ADR) benefits, and remanded the matter with the direction that petitioner be allowed to amend his application to include a heart-related disability, unanimously affirmed, without costs.

The Board’s determination was arbitrary and capricious and an abuse of discretion (see CPLR 7803 [3]). At the time respondent Board denied…