Callaghan v. Board of Trustees of the New York City Police Pension Fund

Appellate Division of the Supreme Court of New York

Callaghan v. Board of Trustees of the New York City Police Pension Fund

8 A.D.3d 117, 778 N.Y.S.2d 272, 2004 N.Y. App. Div. LEXIS 8360

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 2004·Published

Opinion

Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered September 11, 2003, which denied the petition brought pursuant to CPLR article 78 to annul respondent’s determination, dated March 12, 2003, denying petitioner’s application for accident disability retirement benefits, unanimously affirmed, without costs.

Inasmuch as there was credible evidence to support the Medical Board’s findings that petitioner’s depression, although disabling, was not the natural and proximate result of a line of duty injury, and that his orthopedic injuries did not disable him from performing his duties as a police officer, the consequent determination by respondent Board of Trustees denying petitioner accident disability retirement benefits may not be judicially disturbed (see Matter of Beckles v Kerik, 1 AD3d 215 [2003], lv denied 1 NY3d 507 [2004]; and see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). Concur—Tom, J.P., Saxe, Ellerin, Marlow and Catterson, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered September 11, 2003, which denied the petition brought pursuant to CPLR article 78 to annul respondent’s determination, dated March 12, 2003, denying petitioner’s application for accident disability retirement benefits, unanimously affirmed, without costs.

Inasmuch as there was credible evidence to support the Medical Board’s findings that petitioner’s depression, although disabling, was not the natural and proximate result of a line of duty injury, and that his orthopedic injuries did not disable him from performing his duties as a police officer, the consequent determination by respondent Board of Trustees denying petitioner accident disability retirement benefits may not be judicially disturbed (see Matter of Beckles v Kerik, 1 AD3d 215 [2003], lv denied 1 NY3d 507 [2004]; and see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). Concur—Tom, J.P., Saxe, Ellerin, Marlow and Catterson, JJ.

Callaghan v. Board of Trustees of the New York City Police Pension Fund, 8 A.D.3d 117, 778 N.Y.S.2d 272, 2004 N.Y. App. Div. LEXIS 8360 (N.Y. Ct. App. 2004).

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8 A.D.3d 117 (Callaghan v. Board of Trustees of the New York City Police Pension Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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