Matter of Mulet v Kelly
2008 NY Slip Op 02036 [49 AD3d 336]
March 11, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of John Mulet, 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.

—[*1] Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (John L. Leifert of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Mordecai Newman of counsel), for respondents.

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered October 23, 2006, which denied petitioner police officer's application to annul respondents' denial of accidental disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

Credible evidence rebuts the World Trade Center presumption (Administrative Code of City of NY § 13-252.1 [1] [a]), assuming it applies, and supports the Medical Board's determination that petitioner's disability is not traumatic in origin (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760-761 [1996]). We have considered petitioner's other arguments, including those based on the conflicting opinions of his psychiatrist and social worker, and find them unavailing. Concur—Mazzarelli, J.P., Saxe, Friedman and Nardelli, JJ. [See 2006 NY Slip Op 30186(U).]