Wahl v. Bd. of Trs., 681 N.E.2d 1279 (N.Y. 1997). · Go Syfert
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Wahl v. Bd. of Trs., 681 N.E.2d 1279 (N.Y. 1997). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Doorley v. Kelly, 106 A.D.3d 554 (N.Y. App. Div. 1st Dep't 2013)
How cited ↗
Cited for
89 N.Y.2d at 1067 Determining causal relationship based on credible evidence4 citing cases3 listed here
  • Doorley v. Kelly, 106 A.D.3d 554 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    City Fire Dept., 89 NY2d 1065, 1067 [1997]; Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]).
  • Collins v. Kelly, 37 Misc. 3d 377 (N.Y. Sup. Ct. 2011).published
    City Fire Dept., 89 NY2d 1065, 1067 [1997]; Matter of Claudio v Kelly, 84 AD3d 667 [2011]; Matter of Kelly v Kelly, 82 AD3d 544 [2011]; Matter of Jefferson v Kelly, 51 AD3d 536 [2008]), requires the court to uphold the denial (Meyer v Boar…
  • Baumgarten v. New York City Employees' Ret. Sys., 6 A.D.3d 701 (N.Y. App. Div. 2d Dep't 2004).published
    City Fire Dept., 89 NY2d 1065, 1067 [1997]).
In the Matter of Robert Wahl
v.
Board of Trustees of the New York City Fire Department
New York Court of Appeals.
May 8, 1997.
Published opinion
681 N.E.2d 1279
1997 N.Y. LEXIS 751
APPEARANCES OF COUNSEL, Paul A. Crotty, Corporation Counsel of New York City (Fay Ng of counsel), for appellants., Blau, Kramer, Wactlar & Lieberman, P. C, Jericho (Edward S. Wactlar of counsel), for respondent.
Cited by 4 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

There was credible evidence before the Board of Trustees of lack of a causal relationship between petitioner’s service-related injury and his disabling degenerative lumbar spine condition, in the form of the Medical Board’s record-based, rational medical explanation and the testimony of the Department’s Chief Medical Officer based upon an interpretation of the medical reports and MRI film (see, Matter of Meyer v Board of Trustees, 90 NY2d 139 [decided today]). The fact that the Medical Board did not ascertain the genesis of petitioner’s long-standing and progressive disc disease does not invalidate its finding that this disabling condition was not causally connected to the service injury (see, Matter of Drayson v Board of Trustees, 37 AD2d 378, 381, affd 32 NY2d 852).

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.