GIBBS v. NYC RET.


88 Misc.2d 880 (1976)

In the Matter of Thomas C. Gibbs, Petitioner, v. New York City Employees' Retirement System, Respondent.

Supreme Court, Special Term, New York County.

November 12, 1976


Attorney(s) appearing for the Case

Lawrence A. Klein for petitioner. W. Bernard Richland, Corporation Counsel, for respondent.


ARNOLD GUY FRAIMAN, J.

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...

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