Matter of Quinn v Kelly

Matter of Matter of Quinn v Kelly 2012 NY Slip Op 01364 Decided on February 23, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 23, 2012
Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
6893 111048/09

[*1]In re Timothy Quinn, Petitioner-Appellant,

v

Raymond Kelly, etc., et al., Respondents-Respondents.




Jeffrey L. Goldberg, P.C., Lake Success (Jeffrey L. Goldberg of
counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Keith M.
Snow of counsel), for respondents.

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered April 26, 2010, denying and dismissing the CPLR article 78 petition seeking to annul the determination of respondents, dated April 8, 2009, which denied petitioner accidental disability retirement benefits, unanimously affirmed, without costs.

The Medical Board ruled out stress as the cause of petitioner's cardiomyopathy, and concluded that there was no known association between exposure to toxins at the World Trade Center disaster recovery and clean up sites and the development of viral myocarditis. The Board of Trustees were entitled to rely on this finding to overcome the presumption of General
Municipal Law § 207-k (see Matter of Lo Pinto v Ward, 124 AD2d 497 [1986]; Matter of Goldman v McGuire, 101 AD2d 768, 770 [1984], affd 64 NY2d 1041 [1985]). Petitioner acknowledges that cardiomyopathy is not a qualifying condition under Administrative Code § 13-252.1[1][a] and Retirement and Social Security Law § 2[36][c], related to illness incurred in connection with World Trade Center recovery and clean up operations.

We have reviewed petitioner's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 23, 2012

CLERK