Sutka v. Conners

OPINION OF THE COURT

Weinstein, J.

We are herein called upon to exercise our review power pursuant to CPLR 7804 (g) in order to ascertain whether an administrative determination that the petitioner was not entitled to continued salary and medical benefits as a disabled firefighter is supported by substantial evidence (CPLR 7803 [4]). For the reasons to be discussed, we find that the respondents’ determination was not supported by substantial evidence with the result that the petition should be granted to the extent that the determination is annulled, and the petitioner awarded benefits pursuant…