NY County Index No 100444/2018 - Supreme Court Orders Remand, City Moves to Appeal
On January 8, 2019, Nick argued this case before Justice Arlene P. Bluth, who decided in favor of our client, a New York City Police Sergeant. The Court found that the NYC Police Pension Fund's denial, based on the mere allegation that our client was not on-duty when he was injured, supported only by an improper (and fruitless) investigation conducted by the Police Commissioner's representative, was arbitrary and capricious. Justice Bluth took issue with the conduct of the Police Commissioner's representative, both on the record at oral argument, and in her written decision.
The City Law Department has now filed a Motion for Leave To Appeal, specifically with regard to the improper investigation into our client's duty status at the time of his injury. We believe that this motion for leave to appeal has no basis, and imposes an undue burden on our client to litigate an appeal over procedural matters that do not directly affect the substance of his entitlement to Accident Disability Retirement. We are currently awaiting the Court's ruling, and are hopeful that Justice Bluth will again decide in favor of our client.