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

309 A.D.2d 526 (2003)

765 N.Y.S.2d 493

In the Matter of THOMAS F. MORRIS, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Respondent.

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

Decided October 7, 2003.

The Medical Board's finding that petitioner is not disabled is supported by some credible evidence, including its own physical examinations of petitioner, and therefore cannot be disturbed (see Matter of Toole v Board of Trustees of N.Y. City Police Pension Fund, 306 A.D.2d 55 [2003], citing Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761 [1996]; ...

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