Legal Opinion

Travers v. Kelly

New York Supreme Court

Decided April 5, 2006PublishedCited by 1 opinion

1Opinion of the Court

*888OPINION OF THE COURT

Michael D. Stallman, J.

In this CPLR article 78 proceeding, petitioner Thomas Travers seeks to annul respondents’ determination denying his application for accidental disability retirement (ADR) as a result of a heart condition. Petitioner argues that respondents’ determination was arbitrary and capricious because they did not apply the presumption of General Municipal Law § 207-k, also known as the “Heart Bill.”

On May 17, 1999, petitioner submitted an application for ADR under the Heart Bill, claiming disability due to aortic regurgitation, diagnosed as moderately severe.…

2Cases cited9 opinions

  1. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  2. Uniformed Firefighters Ass'n v. BeekmanNew York Court of Appeals · 1981
  3. MATTER OF GOLDMAN v. McGuireNew York Court of Appeals · 1985
  4. Santoro v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1995
  5. Danyi v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by1 opinion

  1. Jefferson v. KellyNew York Supreme Court · 2006

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