Bonvicino v. Board of Trustees of Police Pension Fund

Appellate Division of the Supreme Court of New York

Bonvicino v. Board of Trustees of Police Pension Fund

303 A.D.2d 184, 755 N.Y.S.2d 243, 2003 N.Y. App. Div. LEXIS 2218

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 2003

StatusPublished

This text of 303 A.D.2d 184 (Bonvicino v. Board of Trustees of Police Pension Fund) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bonvicino v. Board of Trustees of Police Pension Fund, 303 A.D.2d 184, 755 N.Y.S.2d 243, 2003 N.Y. App. Div. LEXIS 2218 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered July 26, 2002, [185]*185which denied the petition brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees denying petitioner’s application for accident disability retirement benefits, unanimously affirmed, without costs.

The determination by respondent Medical Board that petitioner was fully able to perform police duties at the time of his application for accident disability retirement benefits was based on the Medical Board’s numerous examinations of petitioner and its reviews of petitioner’s medical reports and objective test results. Since the Medical Board’s determination was based on at least some credible evidence, the ensuing determination of respondent Board of Trustees denying petitioner’s application for accident disability retirement benefits may not be judicially disturbed (see Matter of Bansley v Safir, 299 AD2d 185 [2002]). Concur — Tom, J.P., Buckley, Rosenberger, Williams and Friedman, JJ.

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Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered July 26, 2002, [185]*185which denied the petition brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees denying petitioner’s application for accident disability retirement benefits, unanimously affirmed, without costs.

The determination by respondent Medical Board that petitioner was fully able to perform police duties at the time of his application for accident disability retirement benefits was based on the Medical Board’s numerous examinations of petitioner and its reviews of petitioner’s medical reports and objective test results. Since the Medical Board’s determination was based on at least some credible evidence, the ensuing determination of respondent Board of Trustees denying petitioner’s application for accident disability retirement benefits may not be judicially disturbed (see Matter of Bansley v Safir, 299 AD2d 185 [2002]). Concur — Tom, J.P., Buckley, Rosenberger, Williams and Friedman, JJ.

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303 A.D.2d 184, 755 N.Y.S.2d 243, 2003 N.Y. App. Div. LEXIS 2218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonvicino-v-board-of-trustees-of-police-pension-fund-nyappdiv-2003.

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