Opinion
1315
June 5, 2003.
Judgment, Supreme Court, New York County (Edward Lehner, J.), entered January 8, 2003, which denied petitioner's application to annul respondent's denial of petitioner's application for an accident disability pension and dismissed the petition, unanimously affirmed, without costs.
Ronald Podolsky, for petitioner-appellant.
Dona B. Morris, for respondent-respondent.
The Medical Board's determination that petitioner is not disabled is supported by some credible evidence, including its own physical examination of petitioner on three separate occasions all resulting in largely negative objective findings (see Matter of Borenstein v. New York State Employees Retirement Sys., 88 N.Y.2d 756, 760-761). The Medical Board was entitled to rely on such findings rather than the conflicting findings of petitioner's physicians (see id. at 761). We have considered petitioner's other arguments, including that the Medical Board did not adequately explain why it resolved the conflict in the medical evidence in the way it did, and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.