# Jackson v. Board of Trustees

> Appellate Division of the Supreme Court of the State of New York · December 16, 2003 · 2 A.D.3d 245

URL: https://www.frixlaw.com/law-library/cases/5669739

## Case

- **Full name:** In the Matter of Gerard J. Jackson v. Board of Trustees of the New York City Fire Department
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 16, 2003
- **Citations:** 2 A.D.3d 245; 769 N.Y.S.2d 528; 2003 N.Y. App. Div. LEXIS 13284
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5669739

## Opinion text

Order, Supreme Court, New York County (Louis York, J.), entered January 9, 2002, which dismissed the petition seeking to annul respondents’ denied of an application for accident disability retirement benefits, unanimously affirmed, without costs.
The motion court’s denial of petitioner’s application was proper. Respondents’ determination that a 1998 knee injury, sustained while petitioner was on duty fighting a fire, was not the cause of his disability was supported by credible evidence. An MRI report indicated that his condition was degenerative in nature, stemming from an injury he sustained while on vacation in 1960. In light of such evidence, we cannot overturn the determination of the Board of Trustees (Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 144-145 [1997]). Concur—Buckley, P.J., Nardelli, Tom, Mazzarelli and Sullivan, JJ.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5669739. Public record. Not legal advice.