Legal Opinion
Athanassiou v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2012PublishedCited by 3 opinions
1Opinion of the Court
Credible evidence supported the conclusion that petitioner’s injuries did not warrant the grant of ADR benefits (see generally Matter of Meyer v Board of Trustees of N.Y City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145 [1997]). Petitioner’s application and evidence submitted in support were repeatedly reviewed and evaluated by the Medical Board, which ultimately found that petitioner’s credibility was called into question by his failure to file a claim for several years after the event that allegedly caused his hearing loss, and by the fluctuations in his hearing test results.…
2Cases cited3 opinions
- Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
- Meyer v. Board of TrusteesNew York Court of Appeals · 1997
- Whitton v. SpinnatoAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by3 opinions
- Matter of DeMeo v. Teachers Retirement Sys. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of McMikle v. Department of Educ. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
- Matter of McMikle v. Department of Educ. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023