Legal Opinion

Borenstein v. New York City Employees' Retirement System

New York Court of Appeals

Decided October 15, 1996PublishedCited by 181 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

This appeal centers on a determination by the Medical Board of appellant New York City Employees’ Retirement System (NYCERS) that respondent was not physically disabled for the purpose of performing city-service. We now consider the proper standard for judicial review of that determination.

In the early morning hours of December 25, 1990, while working at Rikers Island Correctional Facility as an Assistant Deputy Warden, respondent allegedly slipped on loose carpeting in the supervisors’ bathroom ánd suffered injuries to her neck, shoulder, back, and right…

2Cases cited13 opinions

  1. Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
  2. Tobin v. SteiselNew York Court of Appeals · 1985
  3. MTR. OF DRAYSON v. Bd. of Trs.Appellate Division of the Supreme Court of the State of New York · 1971
  4. MATTER OF GOLDMAN v. McGuireNew York Court of Appeals · 1985
  5. Brady v. City of New YorkNew York Court of Appeals · 1968

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3Cited by181 opinions

  1. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  2. Jennings v. New York State Office of Mental HealthNew York Court of Appeals · 1997
  3. Bitchatchi v. Board of Trustees of New York City Police Department Pension FundNew York Court of Appeals · 2012
  4. Morris v. New York City Employees' Retirement SystemDistrict Court, S.D. New York · 2001
  5. Regan v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2005

176 more not listed; retrieve them via the Exa API.

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