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MATTER OF VARGAS v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

2011-01190.

95 A.D.3d 1345 (2012)

945 N.Y.S.2d 364

2012 NY Slip Op 4185

In the Matter of ALEX VARGAS, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 30, 2012.

Ordered that the judgment is affirmed, with costs.

The Medical Board of the New York City Employees' Retirement System (hereinafter the Medical Board) determines whether a member applying for accidental disability retirement benefits is disabled (see Administrative Code of City of NY § 13-167 [b]). The Board of Trustees of the New York City Employees' Retirement System (hereinafter the Board of Trustees) is bound by the Medical Board's determination as...

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