Matter of Demarco v. N.Y. City Emp. Retire

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

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

Date published: Jan 31, 1995

211 A.D.2d 594 (N.Y. App. Div. 1995)

621 N.Y.S.2d 875

Opinion

January 31, 1995

Appeal from the Supreme Court, New York County (Milton Williams, J.).

We agree with the IAS Court that petitioner's conflicting medical evidence notwithstanding, respondents' determination that petitioner is not disabled was based on competent and sufficient medical evidence and was not otherwise arbitrary and capricious. It was for the Medical Board to resolve the conflict in medical opinion as to the existence of disability (see, Matter of Cassidy v. Ward, 169 A.D.2d 482), and the Board of Trustees was bound by the Medical Board's determination in that regard (Matter of Canfora v. Board of Trustees, 60 N.Y.2d 347, 351).

Concur — Sullivan, J.P., Ellerin, Rubin and Nardelli, JJ.