Appellate Division of the Supreme Court of New York, 2011

Higgins v. Kelly

Appellate Division of the Supreme Court of New York · Decided May 12, 2011

84 A.D.3d 520; 921 N.Y.S.2d 856

Cases that cite this one

11 later published cases cite this decision.

Matter of Lamar v. Nigro (Appellate Division of the Supreme Court of New York 2024)
Matter of Shank v. Shea (Appellate Division of the Supreme Court of New York 2023)
Matter of Ramos v. O'Neill (Appellate Division of the Supreme Court of New York 2022)
Matter of Ramos v. O'Neill (Appellate Division of the Supreme Court of New York 2022)
Matter of Russell v. New York City Fire Pension Fund (Appellate Division of the Supreme Court of New York 2021)
Matter of Russell v. New York City Fire Pension Fund (Appellate Division of the Supreme Court of New York 2021)
Matter of Corrente v. City of New York (Appellate Division of the Supreme Court of New York 2015)
Matter of Modlin v. Kelly (Appellate Division of the Supreme Court of New York 2014)
Hogg v. Kelly (Appellate Division of the Supreme Court of New York 2012)
Goodacre v. Kelly (Appellate Division of the Supreme Court of New York 2012)
Goodacre v. Kelly (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered November 4, 2009, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 seeking to, among other things, annul the determination of respondent Board of Trustees denying petitioner police officer’s application for accident disability retirement benefits, unanimously affirmed, without costs.

The determination that petitioner’s condition was not job-related had a rational basis. The statutory presumption set forth in General Municipal Law § 207-k (as amended by L 2006, ch 654, § 1) was sufficiently rebutted by competent evidence that petitioner’s condition was caused by her cardiac arrhythmia, not a stroke (see Matter of DeMonico v Kelly, 49 AD3d 265, 266 [2008]). It was the sole province of the Medical Board *521and the Board of Trustees to resolve the conflicts in evidence (see Matter of Santoro v Board of Trustees of N.Y. City Fire Dept. Art.1-B Pension Fund, 217 AD2d 660, 660 [1995]). Concur— Gonzalez, P.J., Tom, Andrias, Moskowitz and Freedman, JJ. [Prior Case History: 2009 NY Slip Op 32566(U).]

Case-law data current through September 30, 2026. Source: CourtListener bulk data.