Bartsch v. Board of Trustees
Opinion of the Court
— In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York City Fire Department Article IB Pension Fund, dated July 28, 1986, which denied the petitioner’s application for a line-of-duty accident disability pension, the petitioner appeals from a judgment of the Supreme Court, Kings County (Hutcherson, J.), entered April 1, 1987, which dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
Contrary to the petitioner’s contentions, the determination under review was not arbitrary or capricious. Rather the determination, which denied the application for a special disability pension resulting from an alleged line-of-duty injury, was supported by credible evidence (see, Matter of Drayson v Board of Trustees, 37 AD2d 378, affd 32 NY2d 852). The determination was based upon a comprehensive and thoughtful review of this matter conducted by the Medical Board, which is comprised of three physicians (see, NY City Charter § 13-323). The medical evidence failed to establish that the petitioner’s injuries were sustained in the line of duty, or that
Case-law data current through December 31, 2025. Source: CourtListener bulk data.