Opinion
3860.
Decided June 10, 2004.
Judgment, Supreme Court, New York County (Robert D. Lippmann, J.), entered April 3, 2003, which denied the petition brought pursuant to CPLR article 78 challenging rejection of applications for accident or ordinary disability retirement benefits, unanimously affirmed, without costs.
Jeffrey L. Goldberg, Lake Success, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Stephen J. McGrath of counsel), for respondents.
Before: Buckley, P.J., Lerner, Friedman, Marlow, Sweeny, JJ.
The Medical Board's determination that petitioner's hearing loss was not substantial enough to disable him from performing the full duties of a New York City police officer was based on reviews of credible evidence in the form of medical reports and tests, and thus was neither arbitrary nor capricious ( Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.