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MATTER OF FINKELSTEIN v. KELLY

41 A.D.3d 122 (2007)

835 N.Y.S.2d 895

In the Matter of EDWARD FINKELSTEIN, 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.

Decided June 5, 2007.

The Medical Board's finding that petitioner is not disabled is supported by some credible evidence (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761 [1996]), including its own physical examinations of petitioner (see Matter of Goffred v Kelly, 13 A.D.3d 72 [2004]) showing normal reflexes and no weakness or atrophy, and MRI reports showing no significant...

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