Toole v. Board of Trustees of the New York City Police Pension Fund

Appellate Division of the Supreme Court of New York

Toole v. Board of Trustees of the New York City Police Pension Fund

306 A.D.2d 55, 759 N.Y.S.2d 677, 2003 N.Y. App. Div. LEXIS 6350

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 2003·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered January 8, 2003, which denied petitioner’s application to annul respondent’s denial of petitioner’s application for an accident disability pension and dismissed the petition, unanimously affirmed, without costs.

The Medical Board’s determination that petitioner is not disabled is supported by some credible evidence, including its own physical examination of petitioner on three separate occasions all resulting in largely negative objective findings (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). The Medical Board was entitled to rely on such findings rather than the conflicting findings of petitioner’s physicians (see id. at 761). We have considered petitioner’s other arguments, including that the Medical Board did not adequately explain why it resolved the conflict in the medical evidence in the way it did, and find them unavailing. Concur — Tom, J.P., Sullivan, Rosenberger, Wallach

Footnotes

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—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered January 8, 2003, which denied petitioner’s application to annul respondent’s denial of petitioner’s application for an accident disability pension and dismissed the petition, unanimously affirmed, without costs.

The Medical Board’s determination that petitioner is not disabled is supported by some credible evidence, including its own physical examination of petitioner on three separate occasions all resulting in largely negative objective findings (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]). The Medical Board was entitled to rely on such findings rather than the conflicting findings of petitioner’s physicians (see id. at 761). We have considered petitioner’s other arguments, including that the Medical Board did not adequately explain why it resolved the conflict in the medical evidence in the way it did, and find them unavailing. Concur — Tom, J.P., Sullivan, Rosenberger, Wallach

Footnotes

Toole v. Board of Trustees of the New York City Police Pension Fund, 306 A.D.2d 55, 759 N.Y.S.2d 677, 2003 N.Y. App. Div. LEXIS 6350 (N.Y. Ct. App. 2003).

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306 A.D.2d 55 (Toole v. Board of Trustees of the New York City Police Pension Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Footnotes

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