Buric v. Kelly

*595Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered January 6, 2009, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 seeking to annul respondents’ determination that petitioner be retired with ordinary disability retirement benefits, unanimously affirmed, without costs.

The court’s findings of fact, based in large measure on its assessment of the credibility of the witnesses, that petitioner’s election to file for a service retirement was voluntary and not the result of fraud, duress, coercion, or other misconduct on respondents’…