MATTER OF LOCKE v. KELLY


38 A.D.3d 363 (2007)

830 N.Y.S.2d 900

In the Matter of RICHARD LOCKE, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

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

Decided March 20, 2007.


The Medical Board's finding that petitioner's disability was caused by a degenerative hip condition rather than his line-of-duty knee injuries is supported by credible evidence, including the rational, fact-based, medical explanations that petitioner felt pain even at night when he was not bearing weight on his knee; his knee was painful at an area opposite where it had been injured; and his gait was consistent with an arthritic hip rather than a painful knee (see Matter...

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