In re Salem

1 Citing case

  1. In re Bell v. N.Y. City Employees' Ret. Sys

    273 A.D.2d 119 (N.Y. App. Div. 2000)   Cited 2 times

    The Medical Board's finding that petitioner is not disabled was rationally based on its own examination of petitioner. The circumstance that the Medical Board chose to rely on such examination, rather than the conflicting reports of petitioner's physicians, is not an indication of arbitrariness (see, Matter of Borenstein v. New York City Retirement Sys., 88 N.Y.2d 756, 761;Matter of Salem v. New York City Employees' Retirement Sys., 237 A.D.2d 120, lv denied 90 N.Y.2d 802). We have considered petitioner's other arguments and find them unavailing.