Appellate Division of the Supreme Court of New York, 1999

Nappi v. New York City Employees' Retirement System

Nappi v. New York City Employees' Retirement System
Appellate Division of the Supreme Court of New York · Decided July 15, 1999
263 A.D.2d 384; 691 N.Y.S.2d 776; 1999 N.Y. App. Div. LEXIS 7986
Nappi v. New York City Employees' Retirement System

Opinion of the Court

—Judgment, Supreme Court, New York County (Walter Schackman, J.), entered April 3, 1997, which denied petitioner’s CPLR article 78 application to annul respondents’ denial of his application for an accident disability retirement pension, and dismissed the petition, unanimously affirmed, without costs.

The Medical Board’s determination that petitioner is not disabled was rationally based on its own examinations of petitioner and review of petitioner’s medical evidence, which, contrary to petitioner’s contention, is subject to conflicting *385interpretations (see, Matter of Reid v Kelly, 235 AD2d 361). Concur — Ellerin, P. J., Tom, Lerner, Buckley and Friedman, JJ.

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