The Board's determination was arbitrary and capricious and an abuse of discretion (see CPLR 7803[3]). At the time respondent Board denied petitioner's application for ADR benefits based on an orthopedic condition, petitioner had suffered a heart attack, and was incapacitated. Although the parties contest whether petitioner specifically notified a member of the Board of this incapacity, there is evidence in the record that petitioner's heart condition predated his retirement...
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