CURTIS v. HILLER (1997)

Petitioner appeals from a determination of respondent City Manager of the City of Watertown (City Manager) denying his application for General Municipal Law § 207-a (1) benefits.   Entitlement to benefits pursuant to that section is dependent upon two factors:  “(1) a firefighter must have either been injured in, or taken sick as a result of, the performance of his or her duties, and (2) by reason thereof the firefighter must have been disabled from performing his or her regular duties” (Matter of Collins v. City of Yonkers, 207 A.D.2d 830, 831, 616 N.Y.S.2d 630, citing King v. City of Newburgh, 84 A.D.2d 388, 446 N.Y.S.2d 329).   Here, the City Manager determined that the disability, nerve damage in petitioner's leg, was not causally related to the performance of petitioner's duties as a firefighter.   The testimony of petitioner's medical experts with respect to the cause of petitioner's disability was equivocal, and it was within the authority of the City Manager to evaluate that testimony (see, Matter of Flynn v. Zaleski, 212 A.D.2d 706, 708, 622 N.Y.S.2d 791, lv. denied 87 N.Y.2d 802, 638 N.Y.S.2d 425, 661 N.E.2d 999).   The City Manager rejected the Hearing Officer's findings and made new findings, which are supported by the record (cf., Matter of Stevens v. Axelrod, 162 A.D.2d 1025, 1026, 557 N.Y.S.2d 809).   We conclude that the determination is supported by substantial evidence (see generally, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179, 408 N.Y.S.2d 54, 379 N.E.2d 1183;  CPLR 7803[4] ).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM: