In re Layne v. New York City Empl. Ret. Sys

Full title: IN RE APPLICATION OF PEOLA LAYNE, PETITIONER-APPELLANT, FOR A JUDGMENT…

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

Date published: Jun 8, 2000

273 A.D.2d 52 (N.Y. App. Div. 2000)

708 N.Y.S.2d 871

Opinion

June 8, 2000.

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered February 19, 1999, which denied petitioner's application to annul respondents' determination denying petitioner a disability pension, and dismissed the petition, unanimously affirmed, without costs.

David Jalosky, for petitioner-appellant.

Susan Rockford, for respondents-respondents.

Before: Tom, J.P., Wallach, Rubin, Saxe, Buckley, JJ.

The Medical Board's finding that petitioner is not disabled is supported by credible evidence, including its own examination of petitioner as well as an examination performed by an outside physician (see, Matter of DeNaro v. New York City Employees' Retirement Sys., 265 A.D.2d 215, 696 N.Y.S.2d 152, citing, inter alia,Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.