County of Montgomery v. Hevesi

OPINION OF THE COURT

Dan Lamont, J.

*523Petitioners bring this proceeding pursuant to CPLR article 78 seeking a judgment declaring and adjudging that respondent McCall’s September 6, 2002 findings of fact and conclusions of law overturning Hearing Officer Lomanto’s July 30, 2002 bench decision be vacated as arbitrary and capricious, an abuse of discretion, violative of law and in excess of respondents’ jurisdiction, and declaring that petitioners may file for Retirement and Social Security Law article 15, § 605 disability retirement benefits for and on behalf of respondent Faltermeier, and granting…