Opinion
No. 3046.
March 11, 2008.
Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered October 23, 2006, which denied petitioner police officer's application to annul respondents' denial of accidental disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.
Bartlett, McDONough, Bastone Monaghan, LLP, White Plains (John L. Leifert of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for respondents.
Before: Mazzarelli, J.P., Saxe, Friedman and Nardelli, JJ. [ See 2006 NY Slip Op 30186(U).]
Credible evidence rebuts the World Trade Center presumption (Administrative Code of City of NY § 13-252.1 [1] [a]), assuming it applies, and supports the Medical Board's determination that petitioner's disability is not traumatic in origin ( see Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760-761). We have considered petitioner's other arguments, including those based on the conflicting opinions of his psychiatrist and social worker, and find them unavailing.