Opinion
2012-02-23
In re Timothy QUINN, Petitioner–Appellant, v. Raymond KELLY, etc., et al., Respondents–Respondents.
Jeffrey L. Goldberg, P.C., Lake Success (Jeffrey L. Goldberg of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Keith M. Snow of counsel), for respondents.
Jeffrey L. Goldberg, P.C., Lake Success (Jeffrey L. Goldberg of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Keith M. Snow of counsel), for respondents.
Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered April 26, 2010, denying and dismissing the CPLR article 78 petition seeking to annul the determination of respondents, dated April 8, 2009, which denied petitioner accidental disability retirement benefits, unanimously affirmed, without costs.
The Medical Board ruled out stress as the cause of petitioner's cardiomyopathy, and concluded that there was no known association between exposure to toxins at the World Trade Center disaster recovery and clean up sites and the development of viral myocarditis. The Board of Trustees were entitled to rely on this finding to overcome the presumption of General Municipal Law § 207–k ( see *799 Matter of Lo Pinto v. Ward, 124 A.D.2d 497, 507 N.Y.S.2d 863 [1986]; Matter of Goldman v. McGuire, 101 A.D.2d 768, 770, 475 N.Y.S.2d 849 [1984], affd. 64 N.Y.2d 1041, 489 N.Y.S.2d 467, 478 N.E.2d 983 [1985] ). Petitioner acknowledges that cardiomyopathy is not a qualifying condition under Administrative Code § 13–252.1[1][a] and Retirement and Social Security Law § 2[36][c], related to illness incurred in connection with World Trade Center recovery and clean up operations.
We have reviewed petitioner's other arguments and find them unavailing.