MATTER OF PACCIO v. KELLY

7823, 115490/09.

97 A.D.3d 415 (2012)

947 N.Y.S.2d 514

2012 NY Slip Op 5336

In the Matter of KENNETH PACCIO, 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 New York, First Department.

July 3, 2012.


The Board of Trustees denied petitioner's application for accident disability retirement (ADR) benefits, as a consequence of a tie vote upon the issue of whether petitioner's disability was caused by a service-related accident. Since there was some credible evidence to support the Medical Board's conclusion that petitioner's disability was not caused by a service-related accident, the Board of Trustees was entitled to rely on the Medical Board's recommendation as to causation...

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