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Gross v. City of Mount Vernon

Supreme Court, Appellate Division, Second Department, New York.
Jun 19, 2013
107 A.D.3d 891 (N.Y. App. Div. 2013)

Opinion

2013-06-19

In the Matter of Kristen GROSS, petitioner, v. CITY OF MOUNT VERNON, et al., respondents.

Bartlett, McDonough & Monaghan, LLP, White Plains, N.Y. (Ryan K. Allen of counsel), for petitioner. Coughlin & Gerhart, LLP, Binghamton, N.Y. (Mary Louise Conrow and Lars Mead of counsel), for respondents.


Bartlett, McDonough & Monaghan, LLP, White Plains, N.Y. (Ryan K. Allen of counsel), for petitioner. Coughlin & Gerhart, LLP, Binghamton, N.Y. (Mary Louise Conrow and Lars Mead of counsel), for respondents.

Proceeding pursuant to CPLR article 78 to review a determination of the Fire Commissioner of the City of Mount Vernon dated February 25, 2011, which adopted the recommendation of a hearing officer dated February 22, 2011, made after a *652hearing, and affirmed the denial of the petitioner's application for benefits pursuant to General Municipal Law § 207–a(2).

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination of the Fire Commissioner of the City of Mount Vernon, which adopted the recommendation of a hearing officer, and affirmed the denial of the petitioner's application for benefits pursuant to General Municipal Law § 207–a(2), was supported by substantial evidence ( see Matter of Refino v. City of Mount Vernon, 104 A.D.3d 693, 959 N.Y.S.2d 924;Matter of Davenport v. City of Mount Vernon, 96 A.D.3d 838, 838–839, 946 N.Y.S.2d 214;cf. Matter of Ridge Rd. Fire Dist. v. Schiano, 16 N.Y.3d 494, 499, 922 N.Y.S.2d 249, 947 N.E.2d 140).

The petitioner's remaining contentions are without merit.

BALKIN, J.P., HALL, LOTT, and MILLER, JJ., concur.


Summaries of

Gross v. City of Mount Vernon

Supreme Court, Appellate Division, Second Department, New York.
Jun 19, 2013
107 A.D.3d 891 (N.Y. App. Div. 2013)
Case details for

Gross v. City of Mount Vernon

Case Details

Full title:In the Matter of Kristen GROSS, petitioner, v. CITY OF MOUNT VERNON, et…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 19, 2013

Citations

107 A.D.3d 891 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4604
967 N.Y.S.2d 651