Barrett v. Kelly

Judgment, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 30, 2005, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees of the New York City Police Department Pension Fund, dated February 13, 2004, denying petitioner’s application for accidental disability retirement benefits, unanimously affirmed, without costs.

The Medical Board’s determination that petitioner’s arrhythmia was not job- or stress-related was based upon competent medical evidence that sufficiently rebutted…