Matter of Doorley v.Kelly

NEW YORK COUNTY
Government

New York Law Journal

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Justice Donna Mills

Police officer Doorley sought to annul respondents' decision denying him accident disability retirement (ADR) benefits. He was injured in the line of duty in 2004, and filed an ADR application in 2005. As was customary, Commissioner Kelly filed an ODR application on Doorley's behalf. The Police Pension Fund Medical Board disapproved both applications finding Doorley fit to perform full duty. Doorley also filed an ADR application based on psychological grounds which the board also denied. The matter was previously remanded to the board and trustees by the court, and after several trustee votes to remand to the board, based on new evidence, the board found the prior documentary, and newly submitted evidence, did not alter its previous decision recommending disapproval of the ADR and ODR applications. The court found the board's conclusion Doorley was not physically incapacitated to perform full-duty police work was supported by credible evidence, noting the difference of opinion of Doorley's doctors and that of the board did not make the board's decision arbitrary. As the board's finding was reasonable, the trustees' conclusion to deny ADR benefits was not arbitrary, and the petition was denied.

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