Opinion
No. 556.
March 20, 2007.
Judgment, Supreme Court, New York County (Michael D. Stallman, J), entered November 28, 2005, dismissing petitioner's challenge to respondents' tie-vote denial of a service-related accidental disability retirement, unanimously affirmed, without costs.
Jeffrey L. Goldberg, P.C., Lake Success (Chester P. Lukaszewski of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondents.
Before: Mazzarelli, J.P., Friedman, Buckley, Catterson and Malone, JJ.
The Medical Board's finding that petitioner's disability was caused by a degenerative hip condition rather than his line-of-duty knee injuries is supported by credible evidence, including the rational, fact-based, medical explanations that petitioner felt pain even at night when he was not bearing weight on his knee; his knee was painful at an area opposite where it had been injured; and his gait was consistent with an arthritic hip rather than a painful knee ( see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145, 147-148).