IN RE: Application of Dominick DeNARO (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Dominick DeNARO, Petitioner-Appellant, For a Judgment, etc., v. The NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, et al., Respondents-Respondents.

Decided: October 19, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS, MAZZARELLI and ANDRIAS, JJ.

Daniel B. Gazan, for Petitioner-Appellant. Kristin M. Helmers, for Respondents-Respondents.

Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered on or about April 24, 1998, which denied petitioner's application to annul respondents' determination denying him accident disability retirement benefits and dismissed the petition, unanimously affirmed, without costs.

Respondents' determination that petitioner is not disabled is supported by credible evidence, including the Medical Board's examination of petitioner (see, Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760, 650 N.Y.S.2d 614, 673 N.E.2d 899). Petitioner's medical evidence, reviewed by the Medical Board, was subject to conflicting interpretations which the Board alone had the authority to resolve (Id. at 761, 650 N.Y.S.2d 614, 673 N.E.2d 899; Matter of Reid v. Kelly, 235 A.D.2d 361, 652 N.Y.S.2d 978).

MEMORANDUM DECISION.

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