General
In the Matter of Richard Locke, 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
38 A.D.3d 363830 N.Y.S.2d 900·New York Supreme Court, Appellate Division·2007·NY
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Opinion
In the Matter of Richard Locke, 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.
[830 NYS2d 900]
[MAJORITY]
Judgment, Supreme Court, New York County (Michael D. Stallman, J), entered November 28, 2005, dismissing petitioner’s challenge to respondents’ tie-vote denial of a service-related accidental disability retirement, unanimously affirmed, without costs.
The Medical Board’s finding that petitioner’s disability was caused by a degenerative hip condition rather than his line-of-duty knee injuries is supported by credible evidence, including the rational, fact-based, medical explanations that petitioner felt pain even at night when he was not bearing weight on his knee; his knee was painful at an area opposite where it had been injured; and his gait was consistent with an arthritic hip rather than a painful knee (see Matter of Meyer v Board of Trustees of NY. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145, 147-148 [1997]). Concur—Mazzarelli, J.P., Friedman, Buckley, Catterson and Malone, JJ.