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MATTER OF SCHLESINGER v. NEW YORK CITY EMPLOYEES' RETIREMENT SYS.

2011-02028.

101 A.D.3d 736 (2012)

956 N.Y.S.2d 75

2012 NY Slip Op 8319

In the Matter of MICHAEL SCHLESINGER, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

Decided December 5, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The issue of whether a correction officer is disabled as a result of a service-related incident is determined by the Medical Board of the New York City Employees' Retirement System (hereinafter the Medical Board) (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760 [1996]). In a proceeding pursuant to CPLR article...

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