Matter of Mulet v Kelly

2008 NY Slip Op 02036 [49 AD3d 336]

March 11, 2008

Appellate Division, First Department

As corrected through Wednesday, May 14, 2008

In the Matter of John Mulet, Appellant, v Raymond Kelly,as Police Commissioner of the City of New York, and as Chairman of the Board of Trustees ofthe Police Pension Fund, Article II, et al., Respondents.

—[*1]Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (John L. Leifert ofcounsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Mordecai Newman of counsel),for respondents.

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered October 23,2006, which denied petitioner police officer's application to annul respondents' denial ofaccidental disability retirement benefits, and dismissed the petition, unanimously affirmed,without costs.

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