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MATTER OF DITTRICH v. BOARD OF TRUSTEES, POLICE PENSION FUND, ARTICLE II

37 A.D.3d 342 (2007)

831 N.Y.S.2d 134

In the Matter of CHARLES DITTRICH, Appellant, v. BOARD OF TRUSTEES, POLICE PENSION FUND, ARTICLE II, et al., Respondents.

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

Decided February 22, 2007.

The application court correctly held that the determination that petitioner is not disabled is supported by credible evidence, and aptly noted that any conflicts in the medical evidence were for the Medical Board to resolve (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761 [1996]). We would only add that insofar as petitioner relies on the fact that he has not been returned to full duty...

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