Goepel v. Board of Trustees of New York City Fire Department

Appellate Division of the Supreme Court of New York

Goepel v. Board of Trustees of New York City Fire Department

7 A.D.3d 799, 776 N.Y.S.2d 858, 2004 N.Y. App. Div. LEXIS 7284

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

DecidedMay 24, 2004

StatusPublished

This text of 7 A.D.3d 799 (Goepel v. Board of Trustees of New York City Fire Department) 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

Goepel v. Board of Trustees of New York City Fire Department, 7 A.D.3d 799, 776 N.Y.S.2d 858, 2004 N.Y. App. Div. LEXIS 7284 (N.Y. Ct. App. 2004).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated April 18, 2000, denying the petitioner’s application for accidental disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Hall, J.), dated May 22, 2001, which denied the petition.

Ordered that the judgment is affirmed, with costs.

The determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, awarding the petitioner only ordinary disability retirement benefits pursuant to a tie vote, was based on credible evidence showing that the petitioner’s disability was caused by a long-term degenerative condition. The petitioner failed to show, as a matter of law, that the disability was the result of a service-related injury (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139 [1997]; Matter of Ryan v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 247 AD2d 480 [1998]).

Accordingly, the Supreme Court properly denied the petition. Ritter, J.P., Townes, Mastro and Skelos, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated April 18, 2000, denying the petitioner’s application for accidental disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Hall, J.), dated May 22, 2001, which denied the petition.

Ordered that the judgment is affirmed, with costs.

The determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, awarding the petitioner only ordinary disability retirement benefits pursuant to a tie vote, was based on credible evidence showing that the petitioner’s disability was caused by a long-term degenerative condition. The petitioner failed to show, as a matter of law, that the disability was the result of a service-related injury (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139 [1997]; Matter of Ryan v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 247 AD2d 480 [1998]).

Accordingly, the Supreme Court properly denied the petition. Ritter, J.P., Townes, Mastro and Skelos, JJ., concur.

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7 A.D.3d 799, 776 N.Y.S.2d 858, 2004 N.Y. App. Div. LEXIS 7284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goepel-v-board-of-trustees-of-new-york-city-fire-department-nyappdiv-2004.

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