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MATTER OF LOPEZ v. SHEA

Index No. 2021-02301. Appeal No. 15486. Case No. 151637/20.

203 A.D.3d 491 (2022)

160 N.Y.S.3d 869

2022 NY Slip Op 01517

In the Matter of David Lopez, Appellant, v. Dermot F. Shea et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 10, 2022.

Attorney(s) appearing for the Case

Goldberg & McEnaney, LLC, Port Washington (Timothy McEnaney of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.

There is credible evidence supporting respondent Board of Trustees' decision to adopt the Medical Board's finding of a lack of causation between the injury that petitioner sustained on October 20, 2011 (in his third line-of-duty accident) and his subsequent disability (see Matter of Visconti v Kelly, 49 A.D.3d 273 [1st Dept 2008]). The Medical Board based its final report on the following facts. After the 2011 incident, petitioner...

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