Opinion
2003-05858.
February 7, 2005.
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, dated 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.
Before: Schmidt, J.P., Santucci, Luciano and Rivera, JJ., concur.
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).
The petitioner's remaining contentions are without merit.