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Matter of Saburro v. Board of Trustees

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 466 (N.Y. App. Div. 1996)

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.


Summaries of

Matter of Saburro v. Board of Trustees

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 466 (N.Y. App. Div. 1996)
Case details for

Matter of Saburro v. Board of Trustees

Case Details

Full title:In the Matter of BENNY SABURRO, Appellant, v. BOARD OF TRUSTEES OF THE NEW…

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

Date published: Mar 26, 1996

Citations

225 A.D.2d 466 (N.Y. App. Div. 1996)
639 N.Y.S.2d 923

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