Ortiz v. Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered November 12, 2010, which denied the petition brought pursuant to article 78 seeking to annul the determination of respondents, dated July 10, 2009, denying petitioner retired police officer’s application for line of duty Accidental Disability Retirement (ADR) benefits, and dismissed the proceeding, unanimously affirmed, without costs.
The record provides credible evidence to support the Medical Board’s findings that petitioner’s left shoulder complaints did not warrant a grant of ADR benefits,…
2Cases cited3 opinions
- Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
- Nemecek v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1984
- Goffred v. KellyAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by4 opinions
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- Matter of Smith v. SheaAppellate Division of the Supreme Court of the State of New York · 2022