Seldon v. Kelly

Order and judgment (one paper), Supreme Court, New York County (Paviola 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.

In view of the objective medical evidence demonstrating that *841petitioner’s dilated cardiomyopathy was not accompanied by underlying stress-related coronary artery disease or hypertension, and the…