Supreme Court denied Plaintiff's petition to annul the relevant Board of Trustees' determination rejecting Petitioner's application for accidental disability benefits pursuant the World Trade Center Disability Law and dismissed the proceeding brought by Plaintiff pursuant to CPLR Article 78. The Appellate Division unanimously affirmed the Supreme Court's ruling, without costs.
The Appellate Division noted that "Credible evidence supported the Board's conclusion that [Petitioner] failed to meet the threshold requirement showing that she participated in the rescue, recovery, or cleanup operations at the World Trade Center site during the first 48 hours after the attack or for 40 hours over the following year as set out in New York Retirement and Social Security Law §2[36][e], [g]. Further, the Appellate Division noted that:
1. "Petitioner's overtime slips from September 2001 indicated that she had worked in the Bronx, not at the World Trade Center site, in the days and weeks after the 9/11 attack;" and
2. Conclusory statements
from two other
In addition, the Appellate Division noted that a remand for further consideration of the matter was not required as an "undated color photographs and a safety helmet bearing a signature purportedly by former President Bill Clinton failed to connect [Petitioner] to the statutory time frame" and courts cannot substitute their judgment for that of the Board of Trustees.
Citing Matter of Picciurro v Board of Trustees of the N.Y. City Police Pension Fund, Art. II, 46 AD3d 346, the Appellate Division pointed out that the Board of Trustee's determination must stand as long as there is any credible evidence to support its determination.
Click HERE to access the Appellate Divisions decision posted on the Internet.