| Matter of Jefferson v Kelly |
| 2008 NY Slip Op 04564 [51 AD3d 536] |
| May 20, 2008 |
| Appellate Division, First Department |
| In the Matter of Stanley Jefferson, Appellant, v RaymondKelly, as Police Commissioner of the City of New York and as Chairman of the Board ofTrustees of the Police Pension Fund, Article II, et al., Respondents. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel),for respondents.
Judgment, Supreme Court, New York County (Lottie E. Wilkins, J.), entered December 11,2006, dismissing this proceeding brought pursuant to CPLR article 78 seeking to annulrespondent Commissioner's determination denying accidental disability retirement benefits,unanimously affirmed, without costs.
The court properly declined to annul respondent's determination and remand forreconsideration on the issue of the claimed causal connection between petitioner's psychiatricdisability and his alleged line-of-duty injury. Credible evidence rebuts the World Trade Centerpresumption (Administrative Code of City of NY § 13-252.1 [1] [a]), assuming it applies(see Matter of Mulet v Kelly, 49AD3d 336 [2008]), and supports the Medical Board's determination that petitioner'sdisability was not the natural and proximate result of a line-of-duty accident (see Matter ofMeyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139[1997]). Inasmuch as the challenged determination is rationally based, is not arbitrary, capricious,an abuse of discretion or contrary to law, and the record before [*2]us does not support, as a matter of law, petitioner's theory ofcausation, we are obliged to affirm (Matter of Picciurro v Board of Trustees of N.Y. City Police Pension Fund,Art. II, 46 AD3d 346, 348 [2007]). Concur—Gonzalez, J.P., Catterson, McGuireand Moskowitz, JJ. [See 14 Misc 3d 191.]