Appellate Division of the Supreme Court of New York, 2000

Bell v. New York City Employees' Retirement System

Appellate Division of the Supreme Court of New York · Decided June 20, 2000

273 A.D.2d 119; 710 N.Y.S.2d 888; 2000 N.Y. App. Div. LEXIS 7126

Cases that cite this one

1 later published case cites this decision.

Mininni v. New York City Employees' Retirement System (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment, Supreme Court, New York County (William McCooe, J.), entered April 27, 1999, which denied petitioner’s application to annul respondents’ denial of his application for a disability pension, and dismissed the petition, unanimously affirmed, without costs.

*120The Medical Board’s finding that petitioner is not disabled was rationally based on its own examination of petitioner. The circumstance that the Medical Board chose to rely on such examination, rather than the conflicting reports of petitioner’s physicians, is not an indication of arbitrariness (see, Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761; Matter of Salem v New York City Employees’ Retirement Sys., 237 AD2d 120, lv denied 90 NY2d 802). We have considered petitioner’s other arguments and find them unavailing. Concur — Nardelli, J. P., Ellerin, Lerner, Buckley and Friedman, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.