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MATTER OF DREW v. O'NEILL

100870/2018. Appeal No. 11917N-11917NA. Case No. 2019-04099. 2019-4626.

187 A.D.3d 404 (2020)

129 N.Y.S.3d 756

2020 NY Slip Op 05282

In the Matter of Christopher Drew, Respondent, v. James O'Neill et al., Appellants.

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

Decided October 1, 2020.

The denial of ADR was not arbitrary and capricious. The relevant date for purposes of disability is at or prior to the applicant's retirement from service (see Administrative Code of City of NY § 13-252; Matter of Gullo v Kelly, 50 A.D.3d 449, 450 [1st Dept 2008], lv denied 11 N.Y.3d 702 [2008]; Matter of Bansley v Safir, 299 A.D.2d 185

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