Opinion
June 28, 1990
Appeal from the Supreme Court, New York County (Andrew Tyler, J.).
It is undisputed that petitioner suffered injuries during a line-of-duty accident. However, petitioner has not carried his burden of establishing proximate cause between the accident and the specific injuries claimed herein (Administrative Code of City of New York § 13-168). Nor does the record so conclusively support petitioner's position that the accident aggravated preexisting injuries so as to entitle him to a line-of-duty accident disability pension, and as to render respondent's determination arbitrary and capricious. (Matter of Christian v New York City Employees' Retirement Sys., 83 A.D.2d 507, affd 56 N.Y.2d 841.) Respondent was entitled to rely on its Medical Board's findings in a matter of pure medical judgment. ( 83 A.D.2d 507, 508, supra.) Accordingly, petitioner has failed to meet his burden and his petition was properly dismissed.
Concur — Murphy, P.J., Sullivan, Carro, Milonas and Smith. JJ.