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MATTER OF SABURRO v. BD. OF TRS. OF THE NEW YORK CITY POLICE PENSION FUND

225 A.D.2d 466 (1996)

639 N.Y.S.2d 923

In the Matter of Benny Saburro, Appellant, v. Board of Trustees of the New York City Police Pension Fund et al., Respondents

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

March 26, 1996

We agree with the IAS Court that respondent's determination that petitioner was not disabled was based on sufficient and competent medical evidence, including the Medical Board's observations of petitioner, and was not otherwise arbitrary and capricious. We find no support for petitioner's contention that the Medical Board resolved the conflict in medical opinion concerning the existence of a disability by simply ignoring aspects...

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