Opinion
February 23, 1993
Appeal from the Supreme Court, New York County (Joan B. Lobis, J.).
Petitioner failed to sustain his burden of establishing that his disability is causally connected to a line-of-duty injury, there being no evidence that the person he arrested was infected with hepatitis B or that his abraded knees came in contact with the arrestee's bleeding mouth. Nor is there any indication of "unnecessary or unwarranted delay" in the processing of petitioner's application for ordinary disability, prior to the termination of his employment for cause (Matter of Glazer v Board of Trustees, 66 A.D.2d 759, 760, affd 48 N.Y.2d 790). In any event, the Board of Trustees "was justified, if not obligated, to defer action upon petitioner's application pending resolution of [the] charges formally leveled against him." (Matter of Mahoney v McGuire, 107 A.D.2d 363, 366, affd 66 N.Y.2d 622.) We have reviewed petitioner's remaining claims and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Wallach and Ross, JJ.