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SCHWARTZ v. KELLY

36 A.D.3d 563 (2007)

830 N.Y.S.2d 47

JOHN R. SCHWARTZ, 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 January 30, 2007.

The Medical Board's finding that petitioner is not disabled for full duty 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, the negative results of the most recent EMG, the essentially negative results of the most recent MRI of the left knee...

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