Matter of Dugan v Kerik
2005 NY Slip Op 01633 [16 AD3d 142]
March 3, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


In the Matter of Mary Dugan, Appellant,
v
Bernard Kerik, as Police Commissioner of the City of New York, et al., Respondents.

[*1]

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered February 14, 2002, which denied petitioner police officer's application to annul respondent Board of Trustees' denial of her application for accidental disability retirement benefits, unanimously affirmed, without costs.

The Medical Board's finding that petitioner's disabling degenerative condition was unrelated to her 1982 line-of-duty accident is supported by some credible evidence, including conservative treatment after the accident involving an absence from work of only three weeks and her return to full duty for some 15 years (see Matter of Doyle v Kelly, 8 AD3d 125 [2004]). Concur—Andrias, J.P., Saxe, Friedman, Marlow and Nardelli, JJ.