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SHAFFERMAN v. MURPHY

234 A.D.2d 193 (1996)

652 N.Y.S.2d 503

Barry Shafferman, Respondent, v. John J. Murphy et al., Appellants

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

December 24, 1996

Initially, we affirmed, finding that the IAS Court correctly held respondents' determination to be arbitrary and capricious on the basis of overwhelming medical evidence of disability and the lack of any credible evidence to support a finding of no disability, relying upon our earlier decision in Matter of Borenstein v New York City Employees' Retirement Sys. (218 A.D.2d 523). The decision in Borenstein (supra), has...

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