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Saburro v. Board of Trustees

225 A.D.2d 466, 639 N.Y.2d 923, 639 N.Y.S.2d 923, 1996 N.Y. App. Div. LEXIS 3187
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 26, 1996
StatusPublished
Cited by1 cases

This text of 225 A.D.2d 466 (Saburro v. Board of Trustees) 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
Saburro v. Board of Trustees, 225 A.D.2d 466, 639 N.Y.2d 923, 639 N.Y.S.2d 923, 1996 N.Y. App. Div. LEXIS 3187 (N.Y. Ct. App. 1996).

Opinion

We agree with the IAS Court that respondent’s determination that petitioner was not disabled was based on sufficient and competent medical evidence, including the Medical Board’s observations of petitioner, and was not otherwise arbitrary and capricious. We find no support for petitioner’s contention that the Medical Board resolved the conflict in medical opinion concerning the existence of a disability by simply ignoring [467]*467aspects of petitioner’s medical proof (compare, Matter of Borenstein v New York City Employees’ Retirement Sys., 218 AD2d 523). Concur — Rosenberger, J. P., Ellerin, Rubin and Nardelli, JJ.

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Related

Salem v. New York City Employees' Retirement System
237 A.D.2d 120 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
225 A.D.2d 466, 639 N.Y.2d 923, 639 N.Y.S.2d 923, 1996 N.Y. App. Div. LEXIS 3187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saburro-v-board-of-trustees-nyappdiv-1996.