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MATTER OF FLAHERTY v. WARD

160 A.D.2d 198 (1990)

In the Matter of Roseleen Flaherty, Respondent, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Appellants

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

April 3, 1990

Respondents' denial of petitioner's application for a line-of-duty designation for injuries she sustained while on duty and traveling from home, in her personal automobile, to a special detail pursuant to orders was, under the circumstances, arbitrary and capricious. This situation must be distinguished from cases such as Matter of Maso v Regan (81 A.D.2d 734), where the employee was injured in the ordinary situation of travel to...

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