IN THE MATTER OF FUNK v. KERIK


5 A.D.3d 239 (2004)

773 N.Y.S.2d 284

In the Matter of ROBERT FUNK, Appellant, v. BERNARD KERIK et al., Respondents.

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

March 18, 2004.


The Medical Board based its recommendation on a finding that petitioner's emotional distress did not arise solely by reason of events emanating from a 1993-1994 precinct assignment where he had witnessed the station house shooting of a fellow officer by another, but rather from a pre-existing stress disorder. This finding was based on credible evidence, and was not arbitrary and capricious (Matter of Borenstein v New York City Employees' Retirement Sys.,

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