From Casetext: Smarter Legal Research

In the Matter of Seldon v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Sep 27, 2005
21 A.D.3d 840 (N.Y. App. Div. 2005)

Opinion

5893.

September 27, 2005.

Order and judgment (one paper), Supreme Court, New York County (Faviola A. Soto, J.), entered November 18, 2003, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees, dated August 21, 2002, denying petitioner's application for accident disability retirement benefits, unanimously affirmed, without costs.

Jeffrey L. Goldberg, Lake Success, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for respondents.

Before: Marlow, J.P., Ellerin, Nardelli, Williams and Sweeny, JJ.


In view of the objective medical evidence demonstrating that petitioner's dilated cardiomyopathy was not accompanied by underlying stress-related coronary artery disease or hypertension, and the conclusions of various medical experts that petitioner's disabling condition was of unknown origin or might possibly have been caused by a viral illness, the statutory presumption set forth in General Municipal Law § 207-k was adequately rebutted. In this posture, the determination of respondent Board of Trustees that the condition was not job-related is not arbitrary and capricious ( see Matter of Vallas v. Safir, 304 AD2d 353; Tardibuono v. Board of Trustees of N.Y. City Police Dept., Art. II Pension Fund, 240 AD2d 327).


Summaries of

In the Matter of Seldon v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Sep 27, 2005
21 A.D.3d 840 (N.Y. App. Div. 2005)
Case details for

In the Matter of Seldon v. Kelly

Case Details

Full title:In the Matter of KEVIN SELDON, Appellant, v. RAYMOND KELLY, as Police…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 27, 2005

Citations

21 A.D.3d 840 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 6883
801 N.Y.S.2d 306

Citing Cases

O'Connor v. Bratton

n an examination and investigation shows that the applicant is physically or mentally incapacitated for the…

In Matter of Application of Quinn v. Kelly

In order to rebut this presumption, the Board must rule out stress as the cause of the heart ailment. In re…