Matter of Ward v City of Long Beach

 

          An Article 78 proceeding to review a determination of the City of Long Beach, made in 2008, which denied the petitioner’s application for supplemental wage benefits pursuant to General Municipal Law 207-a(2).  The City of Long Beach appeals from the judgment that annulled the determination and directed it to pay the petitioner subject benefits. 

          The petitioner, a former lieutenant, employed by the fire department of the City of Long Beach allegedly injured his left knee in 2003.  In 2005 petitioner was granted accidental disability retirement benefits pursuant to General Municipal Law 207-a(2).  The petitioner applied for supplemental wage benefits through the City of Long Beach pursuant to General Municipal Law 207-a(2).  The Supreme Court granted within the petition to annul the determination and direct the City to pay the petitioner subject benefits. 

          It was decided that the Supreme Court correctly determined that the City’s determination had no rational basis, was arbitrary and capricious.  Therefore, the determination by the Supreme Court was proper in granting the branch of the petition to annul the determination and direct the City to pay petitioner supplemental wage benefits.