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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
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 17, 1998
StatusPublished

This text of 248 A.D.2d 240 (Martucci v. New York City Employees' Retirement System) 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
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).

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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Related

Borenstein v. New York City Employees' Retirement System
673 N.E.2d 899 (New York Court of Appeals, 1996)
Reid v. Kelly
235 A.D.2d 361 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
248 A.D.2d 240, 671 N.Y.S.2d 213, 1998 N.Y. App. Div. LEXIS 2550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martucci-v-new-york-city-employees-retirement-system-nyappdiv-1998.