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Lahm v. Bloomberg

Appellate Division of the Supreme Court of New York, First Department
May 25, 2006
29 A.D.3d 461 (N.Y. App. Div. 2006)

Opinion

7135, 7136N.

May 25, 2006.

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered April 29, 2004, which granted petitioner's application to annul respondent's determination denying him accidental disability retirement benefits and awarded petitioner such benefits, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed. Order, same court and Justice, entered May 16, 2005, which denied petitioner's application to hold respondents in civil contempt, unanimously affirmed, without costs.

Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for appellants/respondents.

Kaye Scholer LLP, New York (Jeffrey A. Fuisz of counsel), for respondent/appellant.

Before: Tom, J.P., Andrias, Friedman, Sullivan and Malone, JJ., Concur.


Given the credible medical evidence in the record that petitioner's cancer did not result from his exposure to dust, smoke and debris at the time of the collapse of the World Trade Center and its aftermath, the Board of Trustees' denial of accidental disability retirement benefits had a rational basis. [ See 4 Misc 3d 530 (2004).]


Summaries of

Lahm v. Bloomberg

Appellate Division of the Supreme Court of New York, First Department
May 25, 2006
29 A.D.3d 461 (N.Y. App. Div. 2006)
Case details for

Lahm v. Bloomberg

Case Details

Full title:In the Matter of RICHARD K. LAHM, Respondent, v. MICHAEL R. BLOOMBERG, as…

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

Date published: May 25, 2006

Citations

29 A.D.3d 461 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4159
817 N.Y.S.2d 5

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