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MATTER OF DEMARCO v. NEW YORK CITY EMPLOYEES' RET. SYS.

211 A.D.2d 594 (1995)

621 N.Y.S.2d 875

In the Matter of Linda Demarco, Appellant, v. New York City Employees' Retirement System et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 31, 1995

We agree with the IAS Court that petitioner's conflicting medical evidence notwithstanding, respondents' determination that petitioner is not disabled was based on competent and sufficient medical evidence and was not otherwise arbitrary and capricious. It was for the Medical Board to resolve the conflict in medical opinion as to the existence of disability (see, Matter of Cassidy v Ward, 169 A.D...

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