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MATTER OF CIPOLLA v. SAFIR

267 A.D.2d 119 (1999)

699 N.Y.S.2d 691

In the Matter of JACK CIPOLLA, Appellant, v. HOWARD E. SAFIR, as Police Commissioner of the City of New York and as Chair of the Police Pension Fund, Article II, et al., Respondents.

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

Decided December 16, 1999.

No issue of fact requiring a hearing is raised by petitioner's allegation that the Medical Board's report, which found no disability, failed to mention petitioner's complaints of pain as he was asked to do various exercises in the course of his physical examination by the Medical Board. Ample credible evidence supports the Board's finding (see, Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756...

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