DeNaro v. New York City Employees' Retirement System

Appellate Division of the Supreme Court of New York

DeNaro v. New York City Employees' Retirement System

265 A.D.2d 215, 696 N.Y.S.2d 152, 1999 N.Y. App. Div. LEXIS 10496

Appellate Division of the Supreme Court of the State of New York·Decided October 19, 1999·Published·Cited by 2 cases

Opinion

—Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered on or about April 24, 1998, which denied petitioner’s application to annul respondents’ determination denying him accident disability retirement benefits and dismissed the petition, unanimously affirmed, without costs.

Respondents’ determination that petitioner is not disabled Is supported by credible evidence, including the Medical Board’s examination of petitioner (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760). Petitioner’s medical evidence, reviewed by the Medical Board, was subject to conflicting interpretations which the Board alone had the authority to resolve (supra, at 761; Matter of Reid v Kelly, 235 AD2d 361). Concur — Sullivan, J. P., Nardelli, Williams, Mazzarelli and Andrias, JJ.

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—Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered on or about April 24, 1998, which denied petitioner’s application to annul respondents’ determination denying him accident disability retirement benefits and dismissed the petition, unanimously affirmed, without costs.

Respondents’ determination that petitioner is not disabled Is supported by credible evidence, including the Medical Board’s examination of petitioner (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760). Petitioner’s medical evidence, reviewed by the Medical Board, was subject to conflicting interpretations which the Board alone had the authority to resolve (supra, at 761; Matter of Reid v Kelly, 235 AD2d 361). Concur — Sullivan, J. P., Nardelli, Williams, Mazzarelli and Andrias, JJ.

DeNaro v. New York City Employees' Retirement System, 265 A.D.2d 215, 696 N.Y.S.2d 152, 1999 N.Y. App. Div. LEXIS 10496 (N.Y. Ct. App. 1999).

Pincite

265 A.D.2d 215 (DeNaro v. New York City Employees' Retirement System) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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