Opinion
2001-06385
Submitted October 8, 2002.
October 28, 2002.
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York City Fire Department Article I-B Pension Fund dated February 18, 2000, which denied the petitioner's accident disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Dabiri J.), dated January 25, 2001, which denied the petition and dismissed the proceeding.
Jeffrey L. Goldberg, P.C., Lake Success, N.Y. (Mary B. Rocco of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Elizabeth I. Freedman of counsel), for respondents.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly found that the determination of the Board of Trustees of the New York City Fire Department Article I-B Pension Fund denying accidental disability retirement benefits to the petitioner was not arbitrary or capricious. The petitioner's injuries resulted solely from the performance of his usual duties (see Matter of Kehoe v. City of New York, 81 N.Y.2d 815). The Supreme Court also properly declined to consider the petitioner's other arguments, since they were not raised in the administrative hearing under review (see Matter of Collins v. Amrhein, 144 A.D.2d 461). "It is well settled * * * that a petitioner may not raise new claims in a proceeding pursuant to CPLR article 78 that were not raised in the administrative hearing under review" (Matter of Collins v. Amrhein, supra at 462-463; see Matter of Schulz v. State of New York, 86 N.Y.2d 225, 237, cert denied 516 U.S. 944).
RITTER, J.P., ALTMAN, H. MILLER and ADAMS, JJ., concur.