Mulet v. Kelly

Appellate Division of the Supreme Court of New York

Mulet v. Kelly

49 A.D.3d 336, 852 N.Y.2d 762

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 2008·Published·Cited by 2 cases

Opinion

Credible evidence rebuts the World Trade Center presumption (Administrative Code of City of NY § 13-252.1 [1] [a]), assuming it applies, and supports the Medical Board’s determination that petitioner’s disability is not traumatic in origin (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). We have considered petitioner’s other arguments, including those based on the conflicting opinions of his psychiatrist and social worker, and find them unavailing. Concur&emdash;Mazzarelli, J.E, Saxe, Friedman and Nardelli, JJ. (See 2006 NY Slip Op 30186(U).]

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Credible evidence rebuts the World Trade Center presumption (Administrative Code of City of NY § 13-252.1 [1] [a]), assuming it applies, and supports the Medical Board’s determination that petitioner’s disability is not traumatic in origin (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). We have considered petitioner’s other arguments, including those based on the conflicting opinions of his psychiatrist and social worker, and find them unavailing. Concur&emdash;Mazzarelli, J.E, Saxe, Friedman and Nardelli, JJ. (See 2006 NY Slip Op 30186(U).]

Mulet v. Kelly, 49 A.D.3d 336, 852 N.Y.2d 762 (N.Y. Ct. App. 2008).

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Opinion

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