Opinion
2012-05-22
In re Stephen MIKES, Petitioner–Appellant, v. Raymond KELLY, etc., et al., Respondents–Respondents.
Chet Lukaszewski, P.C., Lake Success (Chet Lukaszewski of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Inga Van Eysden of counsel), for respondents.
Chet Lukaszewski, P.C., Lake Success (Chet Lukaszewski of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Inga Van Eysden of counsel), for respondents.
TOM, J.P., SWEENY, RENWICK, FREEDMAN, ABDUS–SALAAM, JJ.
Judgment, Supreme Court, New York County (Marcy S. Friedman, J.), entered October 14, 2010, denying the petition and dismissing the proceeding brought pursuant to CPLR article 78, which sought to annul respondents' determination denying petitioner's application for accident disability retirement (ADR) benefits, unanimously affirmed, without costs.
Credible evidence supported the conclusion that petitioner's injuries did not warranta grant of ADR benefits ( see generally Matter of Meyer v. Board of Trustees of N.Y. City Fire Dept., Art. 1–B Pension Fund, 90 N.Y.2d 139, 145, 659 N.Y.S.2d 215, 681 N.E.2d 382 [1997] ). The Medical Board, upon repeated reviews of the relevant medical evidence and multiple examinations of petitioner, concluded that petitioner's complaints were not consistent with its objective physical findings, or were the result of degenerative conditions, not the result of a line-of-duty incident. The Board of Trustees was entitled to rely on the Medical Board's findings ( see Matter of Appleby v. Herkommer, 165 A.D.2d 727, 563 N.Y.S.2d 786 [1990] ).
We have considered petitioner's remaining arguments and find them unavailing.