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

Appellate Division of the Supreme Court of New York

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

23 A.D.3d 468, 805 N.Y.S.2d 627

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

DecidedNovember 14, 2005

StatusPublished

Cited by5 cases

This text of 23 A.D.3d 468 (Hession 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.

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Hession v. Board of Trustees of New York City Fire Department, 23 A.D.3d 468, 805 N.Y.S.2d 627 (N.Y. Ct. App. 2005).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondents dated May 23, 2002, that the petitioner was not permanently disabled for retirement purposes, the petitioner appeals from a judgment of the Supreme Court, Kings County (Knipel, J.), entered March 5, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

A determination of the Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board) finding no disability “is conclusive if it is supported by some credible evidence and is not irrational” {Matter of Rodriguez v Board of Trustees ofN.Y. City Fire Dept., Art. 1-B Pension Fund, 3 AD3d 501 [2004]; see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760 [1996]; Matter of Kuczinski v Board of Trustees ofN.Y. City Fire Dept., Art. 1-B Pension Fund, 8 AD3d 283 [2004]). Credible evidence is “evidence that proceeds from a credible source and reasonably tends to support the proposition for which it is offered” {Matter of Meyer v Board of Trustees ofN.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 147 [1997]). In this case, the determination of the Medical Board is supported by credible evidence and is not irrational. Goldstein, J.P, Skelos, Fisher and Lunn, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondents dated May 23, 2002, that the petitioner was not permanently disabled for retirement purposes, the petitioner appeals from a judgment of the Supreme Court, Kings County (Knipel, J.), entered March 5, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

A determination of the Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board) finding no disability “is conclusive if it is supported by some credible evidence and is not irrational” {Matter of Rodriguez v Board of Trustees ofN.Y. City Fire Dept., Art. 1-B Pension Fund, 3 AD3d 501 [2004]; see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760 [1996]; Matter of Kuczinski v Board of Trustees ofN.Y. City Fire Dept., Art. 1-B Pension Fund, 8 AD3d 283 [2004]). Credible evidence is “evidence that proceeds from a credible source and reasonably tends to support the proposition for which it is offered” {Matter of Meyer v Board of Trustees ofN.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 147 [1997]). In this case, the determination of the Medical Board is supported by credible evidence and is not irrational. Goldstein, J.P, Skelos, Fisher and Lunn, JJ., concur.

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23 A.D.3d 468, 805 N.Y.S.2d 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hession-v-board-of-trustees-of-new-york-city-fire-department-nyappdiv-2005.

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