Funk v. Kerik

Appellate Division of the Supreme Court of New York

Funk v. Kerik

5 A.D.3d 239, 773 N.Y.S.2d 284, 2004 N.Y. App. Div. LEXIS 2790

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 2004

StatusPublished

This text of 5 A.D.3d 239 (Funk v. Kerik) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Funk v. Kerik, 5 A.D.3d 239, 773 N.Y.S.2d 284, 2004 N.Y. App. Div. LEXIS 2790 (N.Y. Ct. App. 2004).

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Opinion

Order, Supreme Court, New York County (Michael Stallman, J.), entered August 26, 2002, which denied the petition to annul a determination rejecting petitioner’s application for accident disability retirement benefits, unanimously affirmed, without costs.

The Medical Board based its recommendation on a finding that petitioner’s emotional distress did not arise solely by reason of events emanating from a 1993-1994 precinct assignment where he had witnessed the station house shooting of a fellow officer by another, but rather from a pre-existing stress disorder. This finding was based on credible evidence, and was not arbitrary and capricious (Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). Concur—Buckley, P.J., Tom, Sullivan, Ellerin and Williams, JJ.

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Order, Supreme Court, New York County (Michael Stallman, J.), entered August 26, 2002, which denied the petition to annul a determination rejecting petitioner’s application for accident disability retirement benefits, unanimously affirmed, without costs.

The Medical Board based its recommendation on a finding that petitioner’s emotional distress did not arise solely by reason of events emanating from a 1993-1994 precinct assignment where he had witnessed the station house shooting of a fellow officer by another, but rather from a pre-existing stress disorder. This finding was based on credible evidence, and was not arbitrary and capricious (Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). Concur—Buckley, P.J., Tom, Sullivan, Ellerin and Williams, JJ.

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Bluebook (online)

5 A.D.3d 239, 773 N.Y.S.2d 284, 2004 N.Y. App. Div. LEXIS 2790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funk-v-kerik-nyappdiv-2004.

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