IN THE MATTER OF RODRIGUEZ v. KELLY


8 A.D.3d 70 (2004)

778 N.Y.S.2d 163

In the Matter of KENNETH RODRIGUEZ, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

June 10, 2004.


The Medical Board's determination that petitioner's hearing loss was not substantial enough to disable him from performing the full duties of a New York City police officer was based on reviews of credible evidence in the form of medical reports and tests, and thus was neither arbitrary nor capricious (Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756

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