IN RE KELLY BRENNAN, pet-ap, v. RAYMOND KELLY, ETC. res-res

10949. IN RE KELLY BRENNAN, pet-ap, v. RAYMOND KELLY, ETC. res-res — Jeffrey L. Goldberg, Port Washington, for ap — Michael A. Cardozo, Corporation Counsel, New York (Paul T. Rephen of counsel), for res — Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered July 3, 2012, denying the petition to annul respondents' determination, dated August 10, 2011, which denied petitioner's application for World Trade Center accidental disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs., respondents' determination that petitioner was not present at the World Trade Center (WTC) site during the requisite time period is supported by credible evidence (see Retirement and Social Security Law §2[36][a], [e], [f], [g]; Matter of Meyer v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145, 147 [1997]). Respondents' investigation revealed no contemporaneous records, roll call or command logs, records of the Medical Division, or exposure logs, indicating that petitioner was present at the WTC site. All respondents' records indicate that petitioner was in Brooklyn during the relevant period. Respondents were entitled to reject petitioner's self-serving affidavit and the affidavits by two fellow officers, which were unsupported by contemporaneous memo book entries or other documentation (see Matter of Velez v. Kelly, 84 AD3d 693 [1st Dept 2011]).