Kinsella v. Kelly

Appellate Division of the Supreme Court of New York

Kinsella v. Kelly

22 A.D.3d 225, 802 N.Y.S.2d 398

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

DecidedOctober 4, 2005

StatusPublished

This text of 22 A.D.3d 225 (Kinsella v. Kelly) 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

Kinsella v. Kelly, 22 A.D.3d 225, 802 N.Y.S.2d 398 (N.Y. Ct. App. 2005).

Pincite

Opinion

Judgment, Supreme Court, New York County (Kibble F. Payne, J), entered April 29, 2004, which denied petitioner police officer’s application to annul respondent Board of Trustees’ denial of an accident disability pension by virtue of a tie vote, unanimously affirmed, without costs.

The Medical Board’s finding that petitioner was not disabled by the line-of-duty back injury she sustained when she was thrown from a police horse is supported by some credible evidence, including an MRI and CT scan showing no clinically significant disc pathology (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145, 147 [1997]; Matter of Harris v Safir, 284 AD2d 220 [2001]). Ample credible evidence supports the Medical Board’s finding that petitioner’s admittedly non-line-of-duty osteoarthritis is disabling. Concur—Saxe, J.P., Marlow, Williams, Sweeny and Catterson, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Kibble F. Payne, J), entered April 29, 2004, which denied petitioner police officer’s application to annul respondent Board of Trustees’ denial of an accident disability pension by virtue of a tie vote, unanimously affirmed, without costs.

The Medical Board’s finding that petitioner was not disabled by the line-of-duty back injury she sustained when she was thrown from a police horse is supported by some credible evidence, including an MRI and CT scan showing no clinically significant disc pathology (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145, 147 [1997]; Matter of Harris v Safir, 284 AD2d 220 [2001]). Ample credible evidence supports the Medical Board’s finding that petitioner’s admittedly non-line-of-duty osteoarthritis is disabling. Concur—Saxe, J.P., Marlow, Williams, Sweeny and Catterson, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

22 A.D.3d 225, 802 N.Y.S.2d 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinsella-v-kelly-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack