Baranowski v. Kelly

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered November 24, 2010, which granted the petition pursuant to CPLR article 78 seeking to annul respondents’ determination denying petitioner accidental disability retirement benefits and direct respondents to award petitioner said benefits, unanimously affirmed, without costs.

The Medical Board found that petitioner suffered from a disabling congenital condition that prevented him from performing his duties as a police officer, and recommended ordinary disability retirement based on the fact that the condition typically…