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MATTER OF TOOLE v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE PENSION FUND

306 A.D.2d 55 (2003)

759 N.Y.S.2d 677

In the Matter of JOANNE M. TOOLE, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE PENSION FUND, Respondent.

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

Decided June 5, 2003.

The Medical Board's determination that petitioner is not disabled is supported by some credible evidence, including its own physical examination of petitioner on three separate occasions all resulting in largely negative objective findings (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761 [1996]). The Medical Board was entitled to rely on such findings rather than the conflicting findings...

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