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MATTER OF MERCADO v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

277 A.D.2d 34 (2000)

715 N.Y.S.2d 312

In the Matter of NEFTALI MERCADO, 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.

Decided November 9, 2000.

The denial of petitioner's application for disability retirement based on the Medical Board's finding that petitioner was not disabled from performing his functions as a bridge painter was not arbitrary and capricious, the Medical Board's finding having been premised on credible evidence including the reports of its own experts following their examination of petitioner (see, Matter of Borenstein v New York City Employees' Retirement...

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