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MATTER OF GULLO v. KELLY

50 A.D.3d 449 (2008)

855 N.Y.S.2d 499

In the Matter of RICHARD GULLO, Appellant, v. RAYMOND W. 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 April 15, 2008.

The Medical Board examined petitioner three times, and detailed the objective evidence it considered and relied upon in reaching its determination. That determination was supported by substantial evidence, and was neither arbitrary nor capricious (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 761 [1996]). While the opinions of petitioner's experts may have supported conclusions at variance with...

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