Imbriale v. Board of Trustees of New York City Employees' Retirement System
Opinion of the Court
In a proceeding pursuant to CFLR article 78 to review a determination of the Board of Trustees of the New York City Employees’ Retirement System, dated July 9, 2005, which denied the petitioner’s application for accident disability retirement benefits pursuant to Retirement and Social Security Law § 605-b, the appeal is from a judgment of the Supreme Court, Kings County (Douglass, J.), dated May 9, 2005, which granted the petition and annulled the determination.
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed on the merits, and the determination is reinstated.
The Board of Trustees of the New York City Employees’ Retirement System (hereinafter NYCERS) properly denied the petitioner’s application for accident disability retirement benefits pursuant to Retirement and Social Security Law § 605-b. In 1995, when the petitioner was awarded ordinary disability retirement benefits, NYCERS’ Medical Board (hereinafter the Medical Board) determined that the petitioner’s disabling condition was not caused by the on-duty right knee injury he sustained on June 20, 1994, but by “morbid obesity, chronic varicose and stasis changes to the skin of his legs, with inflammation.” Upon consideration of the petitioner’s application for accident disability retirement benefits under Retirement and Social Security Law § 605-b, dated November 8, 2002, the Medical Board, on April 28, 2003 recommended the denial of the ap
The petitioner’s remaining contentions are without merit. Adams, J.P., Santucci, Lunn and Dillon, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.