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IN THE MATTER OF GOFFRED v. KELLY

13 A.D.3d 72 (2004)

784 N.Y.S.2d 870

In the Matter of RUSSELL GOFFRED, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

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

December 2, 2004.

The Medical Board's finding that petitioner is not disabled from performing full police duty is supported by credible evidence, and thus, may not be disturbed (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761 [1996]). Petitioner's case was considered by the Medical Board on six separate occasions. On each occasion, the Medical Board reviewed all the medical evidence submitted by petitioner...

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