Ocasio v. Board of Trustees of New York City Fire Department

Appellate Division of the Supreme Court of New York

Ocasio v. Board of Trustees of New York City Fire Department

15 A.D.3d 404, 790 N.Y.S.2d 50, 2005 N.Y. App. Div. LEXIS 1383

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

DecidedFebruary 7, 2005

StatusPublished

This text of 15 A.D.3d 404 (Ocasio v. Board of Trustees of New York City 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.

Bluebook

Ocasio v. Board of Trustees of New York City Fire Department, 15 A.D.3d 404, 790 N.Y.S.2d 50, 2005 N.Y. App. Div. LEXIS 1383 (N.Y. Ct. App. 2005).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, [405]*405dated December 21, 1999, denying the petitioner’s application for accidental disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Schmidt, J.), dated May 1, 2002, which denied the petition.

Ordered the judgment is affirmed, with costs.

The determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, denying the petitioner’s application for accidental disability retirement benefits was based on credible evidence showing that the petitioner’s disability was caused by recurring episodes of a depression and anxiety disorder unrelated to her activities with the Fire Department. The petitioner failed to show, as a matter of law, that the disability was the result of a service-related injury (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139 [1997]).

The petitioner’s remaining contentions are without merit. Schmidt, J.P, Santucci, Luciano and Rivera, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, [405]*405dated December 21, 1999, denying the petitioner’s application for accidental disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Schmidt, J.), dated May 1, 2002, which denied the petition.

Ordered the judgment is affirmed, with costs.

The determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, denying the petitioner’s application for accidental disability retirement benefits was based on credible evidence showing that the petitioner’s disability was caused by recurring episodes of a depression and anxiety disorder unrelated to her activities with the Fire Department. The petitioner failed to show, as a matter of law, that the disability was the result of a service-related injury (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139 [1997]).

The petitioner’s remaining contentions are without merit. Schmidt, J.P, Santucci, Luciano and Rivera, JJ., concur.

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15 A.D.3d 404, 790 N.Y.S.2d 50, 2005 N.Y. App. Div. LEXIS 1383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocasio-v-board-of-trustees-of-new-york-city-fire-department-nyappdiv-2005.

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