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MATTER OF JACKSON v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT

2 A.D.3d 245 (2003)

769 N.Y.S.2d 528

In the Matter of GERARD J. JACKSON, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT et al., Respondents.

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

December 16, 2003.

The motion court's denial of petitioner's application was proper. Respondents' determination that a 1998 knee injury, sustained while petitioner was on duty fighting a fire, was not the cause of his disability was supported by credible evidence. An MRI report indicated that his condition was degenerative in nature, stemming from an injury he sustained while on vacation in 1960. In light of such evidence, we cannot overturn the determination of the Board of Trustees (Matter...

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