1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 199 A.D.3d
  5. 199 A.D.3d 405 (2021)
 

MATTER OF CARTER v. NEW YORK CITY EMPLS.' RETIREMENT SYS.

Index No. 155095/20. Appeal No. 14553. Case No. 2020-04655.

199 A.D.3d 405 (2021)

153 N.Y.S.3d 857

2021 NY Slip Op 06031

In the Matter of Michelle Carter, Appellant, v. New York City Employees' Retirement System et al., Respondents.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Pasternack, Tilker Ziegler Walsh, Stanton & Romano, LLP, New York ( Jordon A. Ziegler of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Mackenzie Fillow of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.

The determination by the Medical Board that petitioner's workplace injury was not the cause of her disability is based on credible evidence, and accordingly, respondents' determination denying performance of duty disability retirement benefits was not arbitrary and capricious (see Matter of Russell v New York City Fire Pension Fund, 192 A.D.3d 442, 443 [1st Dept 2021]). Respondents properly relied upon the Medical Board's unanimous opinion as to causation, made after...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases