Morris v. N.Y.C. Employees' Retire. Sys

Full title: IN RE THOMAS F. MORRIS, Petitioner-Appellant, v. NEW YORK CITY EMPLOYEES…

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

Date published: Oct 7, 2003

309 A.D.2d 526 (N.Y. App. Div. 2003)

765 N.Y.S.2d 493

Opinion

1777

October 7, 2003.

Order and judgment (one paper), Supreme Court, New York County (Nicholas Figueroa, J.), entered January 29, 2002, which denied petitioner's application to annul respondent's determination denying petitioner's application for accident disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

Steven De Castro, for petitioner-appellant.

Ralph Janzen, for respondent-respondent.

Before: Buckley, P.J., Nardelli, Mazzarelli, Ellerin, Lerner, JJ.

The Medical Board's finding that petitioner is not disabled is supported by some credible evidence, including its own physical examinations of petitioner, and therefore cannot be disturbed ( see Matter of Toole v. Board of Trustees, 306 A.D.2d 55, 759 N.Y.S.2d 677, citing Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761; Matter of Barden New York City Employees' Retirement Sys., 291 A.D.2d 215).

We have considered and rejected petitioner's other arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.