MATTER OF ORTIZ v. KELLY

Nos. 7266, 115486/09.

94 A.D.3d 430 (2012)

941 N.Y.S.2d 148

2012 NY Slip Op 2440

In the Matter of EDWIN ORTIZ, Appellant, v. RAYMOND KELLY, as Police Commissioner of 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 New York, First Department.

Decided April 3, 2012.


The record provides credible evidence to support the Medical Board's findings that petitioner's left shoulder complaints did not warrant a grant of ADR benefits, inasmuch as the complaints pertaining to a "stretch injury" of the brachial plexus were not substantiated by objective medical testing, which included MRI results and EMG/NCV studies. Moreover, there was no evidence of internal derangement of petitioner's left shoulder, apart from mild deficits, and petitioner's...

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