IN RE OF AITOLA v. NY CITY EMPLOYEES' RET

Ordered that the judgment is affirmed, with costs.

The New York City Employees' Retirement System (hereinafter NYCERS) denied the petitioner's application for performance-of-duty disability retirement pursuant to Retirement and Social Security Law § 607-b, which governs emergency medical technicians' retirement under a disability received in the line of duty. Instead, NYCERS awarded her benefits under Retirement and Social Security Law § 605, which governs emergency medical technicians' retirement for ordinary disabilities.

Credible evidence established that the petitioner's psychiatric injuries were not job related, let alone caused by a discrete on-the-job incident. Thus, NYCERS's determination, made in reliance upon the recommendation of the NYCERS Medical Board, was not arbitrary or capricious ( see Matter of Borenstein v. New York City Employees' Retirement Sys., 88 NY2d 756). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding ( see Matter of Nicolosi v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 198 AD2d 282, 283; Matter of Impellizeri v. Teachers' Retirement Sys. of City of N.Y., 173 AD2d 389; Matter of Hipple v. Ward, 146 AD2d 201).