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MATTER OF GOODACRE v. KELLY

6962, 106093/10.

96 A.D.3d 625 (2012)

947 N.Y.S.2d 463

2012 NY Slip Op 5096

In the Matter of CHARLES GOODACRE, Respondent, v. RAYMOND KELLY, as the Police Commissioner of the City of New York, and as Chairman of the Board of Trustees of the Police Pensions Fund, Article II, et al., Appellants.

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

June 26, 2012.

In this Heart Bill pension case, the court exceeded the scope of its review, which is determining whether "some credible evidence" supported the Medical Board's determination as to disability (Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760 [1996]). The court concluded — contrary to findings of the Medical...

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