Legal Opinion
Gray v. Kerik
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 2005PublishedCited by 6 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Nicholas Figueroa, J.), entered September 19, 2003, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul respondents’ determination denying him accidental disability retirement benefits, unanimously affirmed, without costs.
In reaching its determination, the Board of Trustees was entitled to rely on contemporaneous accounts of petitioner’s line of duty injury (see Matter of Morgan v Kerik, 305 AD2d 288 [2003], lv denied 1 NY3d 507 [2004]; Matter of Reichfeld v Safir, 259 AJD2d 298…
2Cases cited2 opinions
- Lichtenstein v. Board of TrusteesNew York Court of Appeals · 1982
- MATTER OF STARNELLA v. BrattonNew York Court of Appeals · 1998
3Cited by6 opinions
- Bisiani v. KellyAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Galluccio v. O'NeillAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Pastalove v. KellyAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Rivera v. Board of Trustees of N.Y. Fire Dept.Appellate Division of the Supreme Court of the State of New York · 2023
- Matter of Rivera v. Board of Trustees of N.Y. Fire Dept.Appellate Division of the Supreme Court of the State of New York · 2023
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