Matter of Dugganv.Ward

Appellate Division of the Supreme Court of New York, First DepartmentApr 19, 1990
160 A.D.2d 532 (N.Y. App. Div. 1990)
160 A.D.2d 532554 N.Y.S.2d 184

April 19, 1990

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).

Petitioner failed to meet his burden of establishing a causal connection between his line-of-duty injuries in 1969, 1978 and 1983 and the disability which forced him to retire in 1984 (Matter of Drayson v. Board of Trustees of Police Pension Fund, 37 A.D.2d 378, 380, affd 32 N.Y.2d 852). The minimal amount of time petitioner was absent from duty following these injuries, as well as the substantial lapse of time between the injuries and the onset of the ultimate disability, constitute substantial evidence of a lack of causal connection (Matter of Baart v. McGuire, 93 A.D.2d 791, 792; Belton v. Herkommer, 84 A.D.2d 713; Matter of Scotto v. Board of Trustees of Police Pension Fund, 76 A.D.2d 774, 775, affd 54 N.Y.2d 918). The Medical Board has twice considered the evidence in this case, once at the direction of the Police Commissioner and again at the request of petitioner. There is no indication that a third consideration of this record would lead to a different result (Matter of Schmidt v. McGuire, 119 A.D.2d 532, 536, lv denied 68 N.Y.2d 605).

Concur — Kupferman, J.P., Ross, Rosenberger and Wallach, JJ.