Opinion
2012-05-1
In re Michael BAUDILLE, Petitioner–Appellant, v. Raymond KELLY, etc., et al., Respondents–Respondents.
Chet Lukaszewski, P.C., Lake Success (Chet Lukaszewski of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Keith M. Snow of counsel), for respondents.
Chet Lukaszewski, P.C., Lake Success (Chet Lukaszewski of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Keith M. Snow of counsel), for respondents.
Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered May 25, 2011, denying the petition brought pursuant to CPLR article 78 seeking to annul the determination of respondents, dated September 8, 2010, which denied petitioner accidental disability retirement benefits, and dismissing the proceeding, unanimously affirmed, without costs.
There was a rational basis for respondents' determination ( see generally 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] ). The record shows that an MRI taken shortly after petitioner's line-of-duty accident found the glenoid labrum and capsular mechanism within normal limits, he resumed full duty after 20 days, and he *866 had no documented treatment or complaints for over seven years, until he sustained the new injury in 2008, which was admittedly not a line-of-duty accident. Petitioner failed to sustain his burden of demonstrating that there was no medical evidence which supported respondent Board of Trustees' rejection of the Medical Board's recommendation ( see Matter of Meyer v. Board of Trustees of N.Y. City Fire Dept., Art. 1–B Pension Fund, 90 N.Y.2d 139, 145, 659 N.Y.S.2d 215, 681 N.E.2d 382 [1997]; Matter of Deleston v. Safir, 294 A.D.2d 207, 742 N.Y.S.2d 57 [2002]; Matter of Calzerano v. Board of Trustees of N.Y. City Police Pension Fund, Art.II, 245 A.D.2d 84, 664 N.Y.S.2d 451 [1997] ).