Matter of Nappi v. N.Y.C. Employees'

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

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

Date published: Jul 15, 1999

263 A.D.2d 384 (N.Y. App. Div. 1999)

691 N.Y.S.2d 776

Opinion

July 15, 1999.

Judgment, Supreme Court, New York County (Walter Schackman, J.), entered April 3, 1997, which denied petitioner's CPLR article 78 application to annul respondents' denial of his application for an accident disability retirement pension, and dismissed the petition, unanimously afirmed, without costs.

PRESENT: Ellerin, P. J., Tom, Lerner, Buckley and Friedman, JJ.

The Medical Board's determination that petitioner is not disabled was rationally based on its own examinations of petitioner and review of petitioner's medical evidence, which, contrary to petitioner's contention, is subject to conflicting interpretations ( see, Matter of Reid v. Kelly, 235 A.D.2d 361).