Cipolla v. Safir

Appellate Division of the Supreme Court of New York

Cipolla v. Safir

267 A.D.2d 119, 699 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 13020

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

DecidedDecember 16, 1999

StatusPublished

This text of 267 A.D.2d 119 (Cipolla v. Safir) 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.

Bluebook

Cipolla v. Safir, 267 A.D.2d 119, 699 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 13020 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered August 11, 1998, which denied petitioner’s application to annul respondents’ determination denying petitioner an accident disability pension, and dismissed the petition, unanimously affirmed, without costs.

No issue of fact requiring a hearing is raised by petitioner’s allegation that the Medical Board’s report, which found no disability, failed to mention petitioner’s complaints of pain as he was asked to do various exercises in the course of his physical examination by the Medical Board. Ample credible evidence supports the Board’s finding (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761). Concur — Ellerin, P. J., Wallach, Lerner, Andrias and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered August 11, 1998, which denied petitioner’s application to annul respondents’ determination denying petitioner an accident disability pension, and dismissed the petition, unanimously affirmed, without costs.

No issue of fact requiring a hearing is raised by petitioner’s allegation that the Medical Board’s report, which found no disability, failed to mention petitioner’s complaints of pain as he was asked to do various exercises in the course of his physical examination by the Medical Board. Ample credible evidence supports the Board’s finding (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761). Concur — Ellerin, P. J., Wallach, Lerner, Andrias and Saxe, JJ.

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Bluebook (online)

267 A.D.2d 119, 699 N.Y.S.2d 691, 1999 N.Y. App. Div. LEXIS 13020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cipolla-v-safir-nyappdiv-1999.

Opinion

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