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MATTER OF KHURANA v. KELLY

2762, 104967/08

73 A.D.3d 497 (2010)

901 N.Y.S.2d 201

In the Matter of RAJIV KHURANA, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided May 11, 2010.

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 MRI results indicating mild abnormality in the, supraspinatus, but no tear, and the absence of any objective findings, such as atrophy. Petitioner's case was considered by the Medical Board on four separate...

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