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MATTER OF HUGHES v. KELLY

7221, 113654/10.

93 A.D.3d 604 (2012)

941 N.Y.S.2d 121

2012 NY Slip Op 2393

In the Matter of JEFFREY HUGHES, 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 New York, First Department.

Decided March 29, 2012.

There was a rational basis for respondents' determination (see generally Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760 [1996]). The record shows that after reviewing the medical evidence submitted by petitioner and the findings from its physical examinations of petitioner, the Medical Board concluded that there was no objective evidence of a disability...

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