Gullo v. Kelly

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered February 6, 2007, which denied the petition seeking to annul respondents’ determination denying accident disability retirement benefits, unanimously affirmed, without costs.

The Medical Board examined petitioner three times, and detailed the objective evidence it considered and relied upon in reaching its determination. That determination was supported by substantial evidence, and was neither arbitrary nor capricious (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761 [1996]). While the…