Opinion

Brown v. Regan

  • 112 A.D.2d 570
  • 491 N.Y.S.2d 505
  • 1985 N.Y. App. Div. LEXIS 55921
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jul 11, 1985
Status
Published
Author
Harvey
On the bench
Harvey
Cited by
2 cases
Authority
More cited than 80.8%

The opinion

Harvey, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.

The issue in this proceeding is simple. It is a question of whether a police officer is eligible for accidental disability retirement pursuant to Retirement and Social Security Law § 363 when he is physically able to perform the duties required of him.

Petitioner is a police officer in the Nassau County Police Department. He was injured in the line of duty and was disabled to some extent. The doctors who testified at the hearing agreed that he was partially disabled at that time but that he could perform the light duty to which he was assigned. Other officers suffering no physical disability performed similar duties.

Petitioner contends that because he cannot at this time meet the physical standards required of an applicant for original appointment or those for general duty, he is entitled *571 to accidental disability retirement benefits. We disagree (see, Matter of Krolowitz v Regan, 97 AD2d 902, 903 ; Matter of Field v Regan, 90 AD2d 580 , lv denied 58 NY2d 608 ).

Determination confirmed, and petition dismissed, without costs. Main, J. P., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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