Matter of Martucci v. N.Y.C. E. Rmnt. Sys

Full title: In the Matter of PETER F. MARTUCCI, Appellant, v. NEW YORK CITY EMPLOYEES…

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

Date published: Mar 17, 1998

248 A.D.2d 240 (N.Y. App. Div. 1998)

671 N.Y.S.2d 213

Opinion

March 17, 1998

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).

Respondents' determination that petitioner is not disabled is supported by credible evidence, including the Medical Board's own comprehensive examinations of petitioner. The medical evidence submitted by petitioner, expressly reviewed by the Medical Board, was subject to conflicting interpretations that the Medical Board alone had authority to resolve ( see, Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 761; Matter of Reid v. Kelly, 235 A.D.2d 361).

Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.