Schnyderite v. Brown

Order and judgment (one paper), Supreme Court, New York County (Walter Schackman, J.), entered March 17, 1995, which denied petitioner’s application brought pursuant to CPLR article 78 seeking to annul respondent Board of Trustees’ determination denying petitioner accident disability retirement benefits and dismissed the petition, unanimously affirmed, without costs.

There was sufficient evidence to support the determination of the Board of Trustees that petitioner was not physically disabled from performing his duties, since repeated examinations indicated that his cervical range of motion…