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MATTER OF JOSEY v. NEW YORK CITY POLICE DEPARTMENT

50 A.D.3d 393 (2008)

854 N.Y.S.2d 311

In the Matter of ERIC JOSEY, Respondent, v. NEW YORK CITY POLICE DEPARTMENT et al., Appellants.

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

Decided April 10, 2008.

Respondent's determination was based on "some credible evidence" and was not arbitrary or capricious (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761 [1996]). There is no evidence in the record that supports petitioner's belated claim that his injury occurred in the line of duty.

We note that, upon finding that there was no credible evidence to support respondent's determination...

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