Opinion
March 26, 1996
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
We agree with the IAS Court that respondent's determination that petitioner was not disabled was based on sufficient and competent medical evidence, including the Medical Board's observations of petitioner, and was not otherwise arbitrary and capricious. We find no support for petitioner's contention that the Medical Board resolved the conflict in medical opinion concerning the existence of a disability by simply ignoring aspects of petitioner's medical proof ( compare, Matter of Borenstein v New York City Employees' Retirement Sys., 218 A.D.2d 523).
Concur — Rosenberger, J.P., Ellerin, Rubin and Nardelli, JJ.