Kehoe v. City of New York

— Judgment of the Supreme Court, New York County (Edward J. Greenfield, J.), entered on or about November 7, 1991, which, inter alia, dismissed this CPLR article 78 petition seeking to set aside the determination of respondent Board of Trustees of the New York City Employees’ Retirement System denying petitioner’s application for accident disability retirement, unanimously affirmed, without costs.

The IAS Court properly concluded that the Board’s determination was rationally based. When the nature of the incident that caused injury is "reasonably within the risk of the work performed and, as…