Schlesinger v. New York City Employees' Retirement System

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…