Kiess v. Kelly

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered October 15, 2012, granting the petition to annul respondents’ determination, dated May 11, 2011, which denied petitioner accident disability retirement pension benefits, to the extent of remanding the matter to the Medical Board for further processing, unanimously reversed, on the law, without costs, the petition denied, and the proceeding brought pursuant to CFLR article 78, dismissed.

Fetitioner resigned from the New York City Folice Department on January 30, 2008. Since there is no evidence that any of the municipal…