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

268 A.D.2d 261 (2000)

700 N.Y.S.2d 694

In the Matter of GEORGE RUBIANO, 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 January 11, 2000.

The determination of respondent's Medical Board that petitioner was not incapacitated for the performance of city-service was predicated upon "some credible evidence" and, accordingly, respondent's determination denying petitioner accident disability retirement benefits was not arbitrary and capricious and may not be disturbed (Matter of Borenstein v New York City Empls. Retirement Sys., 88 N.Y.2d 756,760-761; Matter of Salem...

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