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MATTER OF AGNELLI v. KELLY

6512, 103357/09.

96 A.D.3d 471 (2012)

945 N.Y.S.2d 690

2012 NY Slip Op 4401

In the Matter of ANTHONY AGNELLI, Respondent, 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., Appellants.

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

June 7, 2012.

Although the Medical Board is entitled to resolve conflicts in the medical evidence and rely on its own physical examinations of the applicant (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 761 [1996]; Matter of Goffred v Kelly, 13 A.D.3d 72, 73 [2004]), fairness demands that the Medical Board and the Board of Trustees consider all of the relevant medical...

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