Opinion
January 11, 2000
Order and judgment (one paper), Supreme Court, New York County (Jane Solomon, J.), entered October 30, 1998, which denied petitioner's application pursuant to CPLR article 78 to annul the denial of his application for accident disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.
Robert C. Agee for Petitioner-Appellant.
Susan Choi-Hausman for Respondents-Respondents.
NARDELLI, J.P., TOM, LERNER, RUBIN, SAXE, JJ.
The determination of respondent's Medical Board that petitioner was not incapacitated for the performance of city-service was predicated upon "some credible evidence" and, accordingly, respondent's determination denying petitioner accident disability retirement benefits was not arbitrary and capricious and may not be disturbed (Matter of Borenstein v. New York City Empls. Retirement Sys., 88 N.Y.2d 756,760-761; Matter of Salem v. The New York City Empls. Retirement Sys., 237 A.D.2d 120, lv denied 90 N.Y.2d 802).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.