Lemmerman v. McGuire

OPINION OF THE COURT

Martin B. Stecher, J.

Petitioner applies for a judgment pursuant to CPLR article 78 annulling respondents’ determination denying his application for accidental disability benefits under section B18-43.0 of the Administrative Code of the City of New York.

Petitioner, a New York City police officer first applied for retirement in April, 1976 claiming a disease of the heart. His application was denied on December 6, 1976 upon the medical board’s finding that there was no evidence of disabling ar*57rhythmia or intrinsic heart disease. Upon application of the police commissioner in…