Demarco v. New York City Employees' Retirement System

Order and judgment (one paper), Supreme Court, New York County (Milton Williams, J.), entered November 12, 1993, which, in a proceeding pursuant to CPLR article 78 to annul respondents’ determination denying petitioner’s application for accidental disability retirement benefits, denied the application and dismissed the petition, unanimously affirmed, without costs.

We agree with the IAS Court that petitioner’s conflicting *595medical evidence notwithstanding, respondents’ determination that petitioner is not disabled was based on competent and sufficient medical evidence and was not otherwise…