Court of Appeals of New York

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In the Matter of Ward v. City of Long Beach, 3

Order requiring City to pay petitioner his requested supplemental disability pension benefits is affirmed, where: 1) petitioner was given no notice of the allegations nor an opportunity to respond to them, despite the substantial contrary record evidence that led to the approval of petitioner's application for disability benefits from the State; and 2) the City's justification for its denial lacks the requisite rational basis and is, therefore, arbitrary and capricious.

Appellate Information

  • Decided 02/14/2013
  • Published 02/14/2013

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Court

  • Court of Appeals of New York

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