From Casetext: Smarter Legal Research

Matter of Pergola v. Safir

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1999
262 A.D.2d 34 (N.Y. App. Div. 1999)

Opinion

June 3, 1999.

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


Since there was credible evidence in support of the Medical Board's finding that petitioner's disability is due to chronic osteoarthritis and is not attributable to any one or combination of petitioner's line of duty injuries, the determination of the Board of Trustees to credit the findings of the Medical Board and deny petitioner an accidental disability pension may not be disturbed. The Board, in reaching its determination upon petitioner's accidental disability pension application, was entitled to rely on the findings and medical advice of the Medical Board ( see, Matter of Meyer v. Board of Trustees, 90 N.Y.2d 139, 148-152; Matter of Drayson v. Board of Trustees, 37 A.D.2d 378, 381, affd 32 N.Y.2d 852).

Concur — Rosenberger, J.P., Mazzarelli, Rubin, Andrias and Buckley, JJ.


Summaries of

Matter of Pergola v. Safir

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1999
262 A.D.2d 34 (N.Y. App. Div. 1999)
Case details for

Matter of Pergola v. Safir

Case Details

Full title:IN THE MATTER OF FRANK PERGOLA, Appellant, v. HOWARD SAFIR, as Police…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 3, 1999

Citations

262 A.D.2d 34 (N.Y. App. Div. 1999)
690 N.Y.S.2d 593

Citing Cases

Cooney v. City of N.Y. Dep't of Sanitation

Hence, plaintiff does not have a reasonable accommodation available for work as a sanitation worker. It is a…