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IN THE MATTER OF DIAZ v. KELLY

Nos. 7424, 105924/10.

94 A.D.3d 582 (2012)

942 N.Y.S.2d 107

2012 NY Slip Op 2945

In the Matter of JOEL DIAZ, Respondent, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Appellants.

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

Decided April 19, 2012.

The Board's determination was arbitrary and capricious and an abuse of discretion (see CPLR 7803 [3]). At the time respondent Board of Trustees denied petitioner's application for ADR benefits based on an orthopedic condition, a member of the Board was aware that petitioner had suffered a heart attack, was incapacitated, and might wish to amend his application to include a claim under the Heart Bill. Moreover, there is evidence in the record that petitioner's heart...

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