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IN THE MATTER OF ACKALITIS v. MURPHY

5 A.D.3d 381 (2004)

771 N.Y.S.2d 900

In the Matter of MICHAEL ACKALITIS, Appellant, v. JOHN MURPHY et al., Respondents.

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

March 1, 2004.

Ordered that the judgment is affirmed, with costs.

The issue of whether a member is disabled is determined by the Medical Board of the New York City Employees' Retirement System (hereinafter the Medical Board) (see Administrative Code of City of NY § 13-167 [b]). The Board of Trustees of the New York City Employees' Retirement System is bound by a Medical Board finding that an applicant is not disabled for duty (see Matter of Borenstein v New York City...

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