MATTER OF TOBIN v. STEISEL


98 A.D.2d 671 (1983)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1983


We agree with the disposition at Special Term that respondents' denial of petitioner's application for accident disability retirement was neither arbitrary nor capricious. The record supports the determination, in part based upon the opinion of Dr. Flegenheimer, that at most, the incident was a precipitating factor but was not causally related to petitioner's psychiatric condition. The distinction hardly amounts to a mere "exercise in semantics", as is suggested by the dissent...

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