Gross v City of Mount Vernon

Gross v City of Mount Vernon 2013 NY Slip Op 04604 Decided on June 19, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 19, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2011-10216
(Index No. 12395/11)

[*1]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.


DECISION & JUDGMENT

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 hearing, 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 AD3d 693; Matter of Davenport v City of Mount Vernon, 96 AD3d 838, 838-839; cf. Matter of Ridge Rd. Fire Dist. v Schiano, 16 NY3d 494, 499).

The petitioner's remaining contentions are without merit.
BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court