Maxwell v. N.Y.C. Employees' Ret. Sys.

210 A.D.3d 1095

179 N.Y.S.3d 291

In the Matter of Dawone MAXWELL, appellant,

v.NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEM, respondent.

2020-03034

Index No. 472/19

Supreme Court, Appellate Division, Second Department, New York.

Submitted—October 27, 2022

November 30, 2022

Goldberg & McEnaney, LLC, Port Washington, NY (Timothy McEnaney of counsel), for appellant.

Sylvia O. Hinds–Radix, Corporation Counsel, New York, NY (Ellen Ravitch and Melanie T. West of counsel), for respondent.

COLLEEN D. DUFFY, J.P., FRANCESCA E. CONNOLLY, PAUL WOOTEN, JANICE A. TAYLOR, JJ.

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York City Employees’ Retirement System dated October 11, 2018, which denied the petitioner's application for disability retirement benefits pursuant to Retirement and Social Security Law § 507–c, the petitioner appeals from a judgment of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated January 6, 2020. The judgment denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

On June 3, 2014, the petitioner was injured while working as a correction officer with the New York City Department of Correction. Eight weeks later, the petitioner returned to full duty, until he had surgery on January 20, 2015. On July 23, 2015, the petitioner applied for disability retirement benefits pursuant to Retirement and Social Security Law § 507–c. On October 11, 2018, the Board of Trustees of the New York City Employees’ Retirement System (hereinafter the Board of Trustees) denied the petitioner's application. In doing so, the Board of Trustees adopted the recommendation of the Medical Board of the New York City Employees’ Retirement System (hereinafter the Medical Board), which had determined that, although the petitioner was disabled due to an osteochondral lesion of the talar dome of the left ankle, and had suffered a work-related injury on June 3, 2014, the petitioner's disabling condition was the result of the natural progression of a preexisting degenerative condition, and was not caused or aggravated by his work-related injury.

The petitioner commenced this CPLR article 78 proceeding to review the determination of the Board of Trustees. In the judgment appealed from, the Supreme Court denied the petition and dismissed the proceeding, finding that the determination was supported by credible medical evidence and thus was not arbitrary or capricious. The petitioner appeals.

"[T]he decision of the [B]oard of [T]rustees as to the cause of an officer's disability will not be disturbed unless its factual findings are not supported by substantial evidence or its final determination and ruling is arbitrary and capricious" ( Matter of Canfora v. Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 60 N.Y.2d 347, 351, 469 N.Y.S.2d 635, 457 N.E.2d 740 ; see Matter of Boyd v. New York City Employees’ Retirement Sys., 202 A.D.3d 1082, 1082, 159 N.Y.S.3d 892 ; Matter of Gibbs v. New York City Employees’ Retirement Sys., 161 A.D.3d 980, 981, 77 N.Y.S.3d 672 ). "Substantial evidence" in this context means "some credible evidence" ( Matter of Borenstein v. New York City Employees’ Retirement Sys., 88 N.Y.2d 756, 760, 650 N.Y.S.2d 614, 673 N.E.2d 899 ; see Matter of Hernandez v. New York City Employees’ Retirement Sys., 148 A.D.3d 706, 707, 49 N.Y.S.3d 463 ).

Here, the conclusions of the Medical Board, which were adopted by the Board of Trustees...