Rubiano v. New York City Employees' Retirement System

—Order and judgment (one paper), Supreme Court, New York County (Jane Solomon, J.), entered October 30, 1998, which denied petitioner’s application pursuant to CPLR article 78 to annul the denial of his application for accident disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

The determination of respondent’s Medical Board that petitioner was not incapacitated for the performance of city-service was predicated upon “some credible evidence” and, accordingly, respondent’s determination denying petitioner accident disability retirement benefits was…