Matter of Muffoletto v. N.Y. City Employees

Full title: In the Matter of ANTHONY MUFFOLETTO, Appellant, v. NEW YORK CITY…

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

Date published: Nov 4, 1993

198 A.D.2d 7 (N.Y. App. Div. 1993)

603 N.Y.S.2d 144

Opinion

November 4, 1993

Appeal from the Supreme Court, New York County (William Davis, J.).

We agree with the IAS Court that the record contains ample credible evidence supporting the Medical Board's finding that the injury petitioner sustained in March 1989 has not disabled him from performing his duties as a sanitation worker. That petitioner has adduced conflicting medical opinion provides no occasion for judicial interference (Matter of Campazzi v Ward, 181 A.D.2d 431; Matter of Cassidy v Ward, 169 A.D.2d 482; Matter of Spiro v Ward, 159 A.D.2d 225).

Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Kassal, JJ.