Schwartz v. Kelly

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered August 10, 2005, which denied petitioner police officer’s application to annul respondents’ determination denying petitioner an accident disability pension, and dismissed the petition, unanimously affirmed, without costs.

*564The Medical Board’s finding that petitioner is not disabled for full duty is supported by “some credible evidence” (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]), including its own physical examinations of petitioner, the negative results of the most…