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In re Levitt-Regenbogen v. N.Y.C. Ret. Sys

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1997
235 A.D.2d 228 (N.Y. App. Div. 1997)

Opinion

January 9, 1997.

Order and judgment (one paper), Supreme Court, New York County (Ira Gammerman, J.), entered on or about August 21, 1995, which denied the petition brought pursuant to CPLR article 78 seeking to annul the determination of respondent Board of Trustees denying petitioner's application for an accident disability pension, unanimously affirmed, without costs.

Before: Sullivan, J. P., Milonas, Rosenberger, Nardelli and Mazzarelli, JJ.


The Board of Trustees' determination, based upon the Medical Board's recommendation, was rationally based ( see, Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756). The Medical Board weighed petitioner's own evidence, and was entitled to rely instead on its own credible medical evidence that petitioner did not suffer the disabling injuries claimed.


Summaries of

In re Levitt-Regenbogen v. N.Y.C. Ret. Sys

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1997
235 A.D.2d 228 (N.Y. App. Div. 1997)
Case details for

In re Levitt-Regenbogen v. N.Y.C. Ret. Sys

Case Details

Full title:In the Matter of CAROL LEVITT-REGENBOGEN, Appellant, v. NEW YORK CITY…

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

Date published: Jan 9, 1997

Citations

235 A.D.2d 228 (N.Y. App. Div. 1997)
652 N.Y.S.2d 508