Pisani v. Kelly

Appellate Division of the Supreme Court of New York

Pisani v. Kelly

30 A.D.3d 297, 817 N.Y.S.2d 59

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

DecidedJune 22, 2006

StatusPublished

Cited by1 cases

This text of 30 A.D.3d 297 (Pisani 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

Pisani v. Kelly, 30 A.D.3d 297, 817 N.Y.S.2d 59 (N.Y. Ct. App. 2006).

Pincite

Opinion

Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered March 8, 2005, which denied petitioner police officer’s application to annul respondents’ determination denying him accidental disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

[298]*298The determination is supported by uncontradicted psychological opinion that petitioner’s disabling posttraumatic stress disorder was caused not by a qualifying accident but by accumulated stress related to a series of traumatic experiences over the course of 13 years of service (see Matter of Hipple v Ward, 146 AD2d 201 [1989], lv denied 74 NY2d 614 [1989]). In any event, petitioner’s monthlong involvement with disfigured victims of an acid-thrower, which he claims was the precipitating cause of his disability, was not an accident (see Matter of Baird v Kelly, 25 AD3d 311, 313 [2006]). Concur—Saxe, J.P., Marlow, Nardelli, Catterson and McGuire, JJ.

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

Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered March 8, 2005, which denied petitioner police officer’s application to annul respondents’ determination denying him accidental disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

[298]*298The determination is supported by uncontradicted psychological opinion that petitioner’s disabling posttraumatic stress disorder was caused not by a qualifying accident but by accumulated stress related to a series of traumatic experiences over the course of 13 years of service (see Matter of Hipple v Ward, 146 AD2d 201 [1989], lv denied 74 NY2d 614 [1989]). In any event, petitioner’s monthlong involvement with disfigured victims of an acid-thrower, which he claims was the precipitating cause of his disability, was not an accident (see Matter of Baird v Kelly, 25 AD3d 311, 313 [2006]). Concur—Saxe, J.P., Marlow, Nardelli, Catterson and McGuire, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

30 A.D.3d 297, 817 N.Y.S.2d 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pisani-v-kelly-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack