We Are Not Just About Medical Malpractice Defense

February 15, 2012

Westchester based associate Ryan Allen recently won a tremendous victory in the Third Department. Mr. Allen had brought an Article 78 proceeding on behalf of our client, a police detective, which challenged the determination of the State Comptroller, denying his application for performance of line of duty disability retirement benefits. The Supreme Court, Albany County transferred the proceeding. The Appellate Division held that evidence submitted by the Comptroller was insufficient to overcome the statutory presumption that applicant’s heart disease was incurred in performance of his job duties as police detective. His petition was granted and the matter remitted.