Khurana v. Kelly

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered October 31, 2008, 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.

The 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 MRI results indicating mild abnormality in the, supraspinatus, but no tear, and…