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In re DeNaro v. N.Y.C. Emps. Retirement Sys

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1999
265 A.D.2d 215 (N.Y. App. Div. 1999)

Opinion

October 19, 1999

Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered on or about April 24, 1998, which denied petitioner's application to annul respondents' determination denying him accident disability retirement benefits 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 examination of petitioner (see, Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760). Petitioner's medical evidence, reviewed by the Medical Board, was subject to conflicting interpretations which the Board alone had the authority to resolve (Id. at 761; Matter of Reid v. Kelly, 235 A.D.2d 361)

SULLIVAN, J.P., NARDELLI, WILLIAMS, MAZZARELLI, ANDRIAS, JJ.


Summaries of

In re DeNaro v. N.Y.C. Emps. Retirement Sys

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1999
265 A.D.2d 215 (N.Y. App. Div. 1999)
Case details for

In re DeNaro v. N.Y.C. Emps. Retirement Sys

Case Details

Full title:In Re Application of Dominick Denaro, Petitioner-Appellant, for a…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 19, 1999

Citations

265 A.D.2d 215 (N.Y. App. Div. 1999)
696 N.Y.S.2d 152