Judd v. Trustees of Manhattan & Bronx Surface Transit Operating Authority Pension Plan

Appellate Division of the Supreme Court of New York

Judd v. Trustees of Manhattan & Bronx Surface Transit Operating Authority Pension Plan

288 A.D.2d 385, 732 N.Y.S.2d 894, 2001 N.Y. App. Div. LEXIS 11246

Appellate Division of the Supreme Court of the State of New York·Decided November 19, 2001·Published

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the Trustees of Manhattan and Bronx Surface Operating Authority Pension Plan dated June 23, 1999, which denied the petitioner’s accident disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated June 27, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the respondent’s determination denying accidental disability retirement to the petitioner was not arbitrary or capricious. The petition[386]*386er’s injuries resulted solely from the performance of her usual duties (see, Matter of Kehoe v City of New York, 81 NY2d 815). Altman, J. P., H. Miller, Feuerstein and Cozier, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the Trustees of Manhattan and Bronx Surface Operating Authority Pension Plan dated June 23, 1999, which denied the petitioner’s accident disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated June 27, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the respondent’s determination denying accidental disability retirement to the petitioner was not arbitrary or capricious. The petition[386]*386er’s injuries resulted solely from the performance of her usual duties (see, Matter of Kehoe v City of New York, 81 NY2d 815). Altman, J. P., H. Miller, Feuerstein and Cozier, JJ., concur.

Judd v. Trustees of Manhattan & Bronx Surface Transit Operating Authority Pension Plan, 288 A.D.2d 385, 732 N.Y.S.2d 894, 2001 N.Y. App. Div. LEXIS 11246 (N.Y. Ct. App. 2001).

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288 A.D.2d 385 (Judd v. Trustees of Manhattan & Bronx Surface Transit Operating Authority Pension Plan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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