Jackson v. Board of Trustees

Appellate Division of the Supreme Court of New York

Jackson v. Board of Trustees

2 A.D.3d 245, 769 N.Y.S.2d 528, 2003 N.Y. App. Div. LEXIS 13284

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

DecidedDecember 16, 2003

StatusPublished

This text of 2 A.D.3d 245 (Jackson v. Board of Trustees) 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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Jackson v. Board of Trustees, 2 A.D.3d 245, 769 N.Y.S.2d 528, 2003 N.Y. App. Div. LEXIS 13284 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Louis York, J.), entered January 9, 2002, which dismissed the petition seeking to annul respondents’ denied of an application for accident disability retirement benefits, unanimously affirmed, without costs.

The motion court’s denial of petitioner’s application was proper. Respondents’ determination that a 1998 knee injury, sustained while petitioner was on duty fighting a fire, was not the cause of his disability was supported by credible evidence. An MRI report indicated that his condition was degenerative in nature, stemming from an injury he sustained while on vacation in 1960. In light of such evidence, we cannot overturn the determination of the Board of Trustees (Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 144-145 [1997]). Concur—Buckley, P.J., Nardelli, Tom, Mazzarelli and Sullivan, JJ.

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Order, Supreme Court, New York County (Louis York, J.), entered January 9, 2002, which dismissed the petition seeking to annul respondents’ denied of an application for accident disability retirement benefits, unanimously affirmed, without costs.

The motion court’s denial of petitioner’s application was proper. Respondents’ determination that a 1998 knee injury, sustained while petitioner was on duty fighting a fire, was not the cause of his disability was supported by credible evidence. An MRI report indicated that his condition was degenerative in nature, stemming from an injury he sustained while on vacation in 1960. In light of such evidence, we cannot overturn the determination of the Board of Trustees (Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 144-145 [1997]). Concur—Buckley, P.J., Nardelli, Tom, Mazzarelli and Sullivan, JJ.

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Bluebook (online)

2 A.D.3d 245, 769 N.Y.S.2d 528, 2003 N.Y. App. Div. LEXIS 13284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-board-of-trustees-nyappdiv-2003.

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