MATTER OF TOBIN v. STEISEL


64 N.Y.2d 254 (1985)

In the Matter of William Tobin, Appellant, v. Norman Steisel, as Commissioner of the Department of Sanitation of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 7, 1985.


Attorney(s) appearing for the Case

Harold B. Foner and Peter J. Maloney for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Helen P. Brown and Fay Leoussis of counsel), for respondents.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and ALEXANDER concur.


MEYER, J.

An accident which precipitates the development of a latent condition or aggravates a preexisting condition is a cause of disability within the meaning of Administrative Code of the City of New York § B3-40.0. Because in denying petitioner an accident disability pension the Board of Trustees appears to have applied an incorrect standard of causation, the matter must be sent back to it for reconsideration...

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