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MATTER OF DOMINGUEZ v. O'NEILL

10869, 100728/16.

179 A.D.3d 574 (2020)

114 N.Y.S.3d 633

2020 NY Slip Op 00513

In the Matter of Nestor Dominguez, Appellant, v. James O'Neill et al., Respondents.

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

Decided January 23, 2020.

The denial of ADR benefits was not arbitrary and capricious. The Medical Board was entitled to rely on its own examination of petitioner, which provided credible evidence for its finding that he was not disabled (see Matter of Khurana v Kelly, 73 A.D.3d 497 [1st Dept 2010], lv denied 15 N.Y.3d 715 [2010]). Furthermore, petitioner did not provide any medical evidence to the contrary.

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