WAS NOWHERE NEAR THE WTC SITE DURING THE RELEVANT TIME-FRAMES
After his application for WTC accidental disability benefits was denied, SC filed an administrative proceeding [pursuant to CPLR Article 78] to annul that determination. When that request was rebuffed by the New York County Supreme Court, SC appealed.
On its review, the Appellate Division, First Department, noted that the “credible evidence" evinced the SC was nowhere near a WTC-qualifying site during the first 48 hours after the attack, or for any 40-hour period that year.
While SC claimed to the contrary, the AD1 noted that his sworn statement was contradicted by NYPD data which reinforced that SC worked in “nonqualifying locations in Queens, Brooklyn, Roosevelt Island and elsewhere in the city.”
And because they were also “at odds” with NYPD records, and were “conclusory, insufficiently specific, or not based on … personal knowledge,” the sworn statements submitted by friends and family members were also found to have been correctly rejected.
Given that backdrop, the underlying outcome was affirmed.
Was that all pretty incredible?
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DECISION