Legal Opinion

Schlesinger v. New York City Employees' Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2012Published

1Opinion of the Court

The issue of whether a correction officer is disabled as a result of a service-related incident is determined by the Medical Board of the New York City Employees’ Retirement System (hereinafter the Medical Board) (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760 [1996]). In a proceeding pursuant to CPLR article 78 challenging a disability determination, the court must determine whether the determination of the Medical Board is supported by “credible” evidence (id,.; cf. Matter of Beering v Scopetta, 71 AD3d 1141, 1142 *737[2010]). “[C]redible evidence” means…

2Cases cited4 opinions

  1. Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
  2. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  3. Kuczinski v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2004
  4. Deering v. ScopettaAppellate Division of the Supreme Court of the State of New York · 2010

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