Gibbs v. New York City Employees' Retirement System

By this article 78 proceeding, petitioner seeks a judgment reversing a determination of respondent the New York City Employees’ Retirement System which denied his application for accident disability retirement. Petitioner was employed as a "craneman” for the department of sanitation. He alleges that on February 9, 1974, while operating a crane inside the Betts Avenue incinerator, he was overcome by heavy fumes resulting from the combustion of a quantity of stripping from electrical cable, which had been fed into the hopper. The following day was a Sunday, but he returned to work on Monday,…