MTR. OF BORENSTEIN v. NYCERS


88 N.Y.2d 756 (1996)

673 N.E.2d 899

650 N.Y.S.2d 614

In the Matter of Eileen Borenstein, Respondent, v. New York City Employees' Retirement System et al., Appellants.

Court of Appeals of the State of New York.

Decided October 15, 1996.


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (A. Orli Spanier and Kristin M. Helmers of counsel), for appellants.

David Jalosky, New York City, for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

This appeal centers on a determination by the Medical Board of appellant New York City Employees' Retirement System (NYCERS) that respondent was not physically disabled for the purpose of performing city-service. We now consider the proper standard for judicial review of that determination.

In the early morning hours of December 25, 1990, while working at Rikers Island Correctional Facility...

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