Martucci v. Fire Department

Appellate Division of the Supreme Court of New York

Martucci v. Fire Department

123 A.D.2d 630, 506 N.Y.S.2d 898, 1986 N.Y. App. Div. LEXIS 60776

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

DecidedOctober 6, 1986

StatusPublished

Cited by1 cases

This text of 123 A.D.2d 630 (Martucci v. 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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Martucci v. Fire Department, 123 A.D.2d 630, 506 N.Y.S.2d 898, 1986 N.Y. App. Div. LEXIS 60776 (N.Y. Ct. App. 1986).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the Pension Fund of the Fire Department of the City of New York, dated April 9, 1984, which directed that the petitioner be retired for a non-service-incurred disability, the petitioner appeals from a judgment of the Supreme Court, Kings County (Morton, J.), dated April 15, 1985, which denied the application for review and dismissed the proceeding.

Judgment affirmed, with costs.

The petitioner has failed to sustain his burden of establishing a causal connection between his knee injuries of March 1977 and October 1981, and his disabling osteoarthritis (see, Matter of Christian v New York City Employees’ Retirement [631]*631Sys., 56 NY2d 841, 843). Because it cannot be concluded on this record that the petitioner was entitled to an accidental disability pension as a matter of law, the Trustees’ determination must be confirmed (see, Matter of Canfora v Board of Trustees, 60 NY2d 347, 352). Bracken, J. P., Brown, Niehoff and Eiber, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the Pension Fund of the Fire Department of the City of New York, dated April 9, 1984, which directed that the petitioner be retired for a non-service-incurred disability, the petitioner appeals from a judgment of the Supreme Court, Kings County (Morton, J.), dated April 15, 1985, which denied the application for review and dismissed the proceeding.

Judgment affirmed, with costs.

The petitioner has failed to sustain his burden of establishing a causal connection between his knee injuries of March 1977 and October 1981, and his disabling osteoarthritis (see, Matter of Christian v New York City Employees’ Retirement [631]*631Sys., 56 NY2d 841, 843). Because it cannot be concluded on this record that the petitioner was entitled to an accidental disability pension as a matter of law, the Trustees’ determination must be confirmed (see, Matter of Canfora v Board of Trustees, 60 NY2d 347, 352). Bracken, J. P., Brown, Niehoff and Eiber, JJ., concur.

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Bluebook (online)

123 A.D.2d 630, 506 N.Y.S.2d 898, 1986 N.Y. App. Div. LEXIS 60776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martucci-v-fire-department-nyappdiv-1986.

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