Locke v. Kelly

Appellate Division of the Supreme Court of New York

Locke v. Kelly

38 A.D.3d 363, 830 N.Y.S.2d 900

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

DecidedMarch 20, 2007

StatusPublished

This text of 38 A.D.3d 363 (Locke 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

Locke v. Kelly, 38 A.D.3d 363, 830 N.Y.S.2d 900 (N.Y. Ct. App. 2007).

Pincite

Opinion

Judgment, Supreme Court, New York County (Michael D. Stallman, J), entered November 28, 2005, dismissing petitioner’s challenge to respondents’ tie-vote denial of a service-related accidental disability retirement, unanimously affirmed, without costs.

The Medical Board’s finding that petitioner’s disability was caused by a degenerative hip condition rather than his line-of-duty knee injuries is supported by credible evidence, including the rational, fact-based, medical explanations that petitioner felt pain even at night when he was not bearing weight on his knee; his knee was painful at an area opposite where it had been injured; and his gait was consistent with an arthritic hip rather than a painful knee (see Matter of Meyer v Board of Trustees of NY. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145, 147-148 [1997]). Concur—Mazzarelli, J.P., Friedman, Buckley, Catterson and Malone, JJ.

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

Judgment, Supreme Court, New York County (Michael D. Stallman, J), entered November 28, 2005, dismissing petitioner’s challenge to respondents’ tie-vote denial of a service-related accidental disability retirement, unanimously affirmed, without costs.

The Medical Board’s finding that petitioner’s disability was caused by a degenerative hip condition rather than his line-of-duty knee injuries is supported by credible evidence, including the rational, fact-based, medical explanations that petitioner felt pain even at night when he was not bearing weight on his knee; his knee was painful at an area opposite where it had been injured; and his gait was consistent with an arthritic hip rather than a painful knee (see Matter of Meyer v Board of Trustees of NY. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145, 147-148 [1997]). Concur—Mazzarelli, J.P., Friedman, Buckley, Catterson and Malone, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

38 A.D.3d 363, 830 N.Y.S.2d 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locke-v-kelly-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack