AMBERY v. BD., TRUSTEES, N.Y.C. FIRE D

ORDERED that the judgment is affirmed, with costs.

The Supreme Court properly found that the determination of the Board of Trustees of the New York City Fire Department Article I-B Pension Fund denying accidental disability retirement benefits to the petitioner was not arbitrary or capricious. The petitioner's injuries resulted solely from the performance of his usual duties (see Matter of Kehoe v. City of New York, 81 N.Y.2d 815). The Supreme Court also properly declined to consider the petitioner's other arguments, since they were not raised in the administrative hearing under review (see Matter of Collins v. Amrhein, 144 A.D.2d 461). "It is well settled * * * that a petitioner may not raise new claims in a proceeding pursuant to CPLR article 78 that were not raised in the administrative hearing under review" (Matter of Collins v. Amrhein, supra at 462-463; see Matter of Schulz v. State of New York, 86 N.Y.2d 225, 237, cert denied 516 U.S. 944).

RITTER, J.P., ALTMAN, H. MILLER and ADAMS, JJ., concur.