Matter of Soto v. Shea

Summary

The Appellate Division, First Department, affirmed the denial of Juan Soto’s petition to annul the Police Pension Fund Board of Trustees’ determination denying accident disability retirement benefits. The court held that credible evidence supported the Medical Board’s conclusion that Soto’s disability resulted from his November 2012 line-of-duty incident, rather than a January 2016 incident, and that the 2012 incident did not constitute an accident under the Administrative Code.

Holdings

1. The Medical Board's determination that petitioner's disability was caused by the November 2012 line-of-duty incident, rather than the January 2016 incident, was supported by credible evidence.
2. The Board of Trustees' conclusion that the November 2012 line-of-duty incident was not an accident within the meaning of the Administrative Code was supported by credible evidence.

Questions Presented

1. Whether credible evidence supported the Medical Board's determination that petitioner's disability was caused by the November 2012 line-of-duty incident rather than the January 2016 incident.
2. Whether credible evidence supported the Board of Trustees' determination that the November 2012 incident was not an accident within the meaning of the Administrative Code.

Disposition

affirmed