Opinion
2014-04-10
In re Dianne SPEARS, Petitioner–Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, et al., Respondents–Respondents.
The Shanker Law Firm, P.C., New York (Steven J. Shanker of counsel), for appellant. Jeffrey D. Friedlander, Acting Corporation Counsel, New York (Inga Van Eysden of counsel), for respondents.
The Shanker Law Firm, P.C., New York (Steven J. Shanker of counsel), for appellant.Jeffrey D. Friedlander, Acting Corporation Counsel, New York (Inga Van Eysden of counsel), for respondents.
, P.J., ACOSTA, SAXE, RICHTER, MANZANET–DANIELS, JJ.
Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 9, 2013, denying the petition to annul the determination of respondent New York City Employees' Retirement System (N.Y.CERS), dated May 11, 2012, which denied petitioner's application for disability retirement benefits under Retirement and Social Security Law § 605, unanimously affirmed, without costs.
The determination of N.Y.CERS' Board of Trustees that petitioner failed to meet her burden of showing that her disabling condition was proximately caused by an alleged on-the-job incident had a rational basis ( see generally Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ). The record shows that N.Y.CERS' Board of Trustees fulfilled its duty to “make its own evaluation as to the Medical Board's recommendation regarding causation” (Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760, 650 N.Y.S.2d 614, 673 N.E.2d 899 [1996] ).
We have considered petitioner's remaining arguments and find that they do not warrant a different outcome.