Baudille v. Kelly

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered May 25, 2011, denying the petition brought pursuant to CFLR article 78 seeking to annul the determination of respondents, dated September 8, 2010, which denied petitioner accidental disability retirement benefits, and dismissing the proceeding, unanimously affirmed, without costs.

There was a rational basis for respondents’ determination (see generally Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760 [1996]). The record shows that an MRI taken shortly after petitioner’s line-of-duty…