MATTER OF KESICK v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM


257 A.D.2d 831 (1999)

683 N.Y.S.2d 645

In the Matter of PAUL KESICK, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 14, 1999.


Substantial evidence supports the determination denying petitioner's application for accidental disability retirement benefits on the ground that petitioner was not totally disabled from the performance of his duties as a police officer as a result of injuries sustained to his left knee. Based upon his physical examination of petitioner and review of his X rays, David Tucker, an orthopedic surgeon, opined that there was insufficient evidence to conclude that petitioner was...

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