Opinion
764
April 10, 2003.
Order and judgment (one paper), Supreme Court, New York County (Michael Stallman, J.), entered June 26, 2002, which denied and dismissed the petition brought pursuant to CPLR article 78 to annul respondent's determination, dated April 11, 2001, denying petitioner's application for accident disability benefits, unanimously affirmed, without costs.
Rosemary Carroll, for petitioner-appellant.
Suzanne K. Colt, for respondent-respondent.
Before: Buckley, P.J., Nardelli, Andrias, Friedman, Gonzalez, JJ.
The determination by the Medical Board, properly relied upon by respondent Board of Trustees (see Matter of Tobin v. Steisel, 64 N.Y.2d 254, 259), that petitioner's disability was the result of a pre-existing degenerative condition, namely osteochondritis dissecans, rather than a line-of-duty incident, was supported by credible medical evidence. Accordingly, respondent Board's determination denying petitioner accident disability retirement benefits was not arbitrary and capricious and may not be judicially disturbed (see Meyer v. Bd. of Trustees, 90 N.Y.2d 139, 145).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.