Legal Opinion

Itjen v. Board of Trustees of New York City Police Pension Fund

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

Decided June 21, 2007Published

1Opinion of the Court

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered June 26, 2006, which denied petitioner police officer’s application to annul respondents’ determination denying him accident disability retirement, and dismissed this CPLR article 78 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 *285of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]), including its own physical examination of petitioner and the most recent MRI of the…

2Cases cited3 opinions

  1. Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
  2. Mulheren v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2003
  3. Schwartz v. KellyAppellate Division of the Supreme Court of the State of New York · 2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API