Martucci v. New York City Employees' Retirement System

Appellate Division of the Supreme Court of New York

Martucci v. New York City Employees' Retirement System

248 A.D.2d 240, 671 N.Y.S.2d 213, 1998 N.Y. App. Div. LEXIS 2550

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1998·Published

Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered November 25, 1996, which denied petitioner’s application to annul respondents’ determination denying him an accident disability pension, 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 own comprehensive examinations of petitioner. The medical evidence submitted by petitioner, expressly reviewed by the Medical Board, was subject to conflicting interpretations that the Medical Board alone had authority to resolve (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761; Matter of Reid v Kelly, 235 AD2d 361).

Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered November 25, 1996, which denied petitioner’s application to annul respondents’ determination denying him an accident disability pension, 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 own comprehensive examinations of petitioner. The medical evidence submitted by petitioner, expressly reviewed by the Medical Board, was subject to conflicting interpretations that the Medical Board alone had authority to resolve (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761; Matter of Reid v Kelly, 235 AD2d 361).

Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.

Martucci v. New York City Employees' Retirement System, 248 A.D.2d 240, 671 N.Y.S.2d 213, 1998 N.Y. App. Div. LEXIS 2550 (N.Y. Ct. App. 1998).

Pincite

248 A.D.2d 240 (Martucci v. New York City Employees' Retirement System) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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