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MATTER OF VEGA v. O'NEILL

Index No. 157128/19. Appeal No. 14330. Case No. 2020-03468.

198 A.D.3d 469 (2021)

152 N.Y.S.3d 578

2021 NY Slip Op 05470

In the Matter of Jose Vega, Appellant, v. James P. O'Neill et al., Respondents.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

Schwab & Gasparini, PLLC, White Plains ( Warren J. Roth of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Nwamaka Ejebe of counsel), for respondents.

Concur—Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.

The determination of the Medical Board is supported by the medical evidence and therefore has a rational basis (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760 [1996]; Matter of Goodacre v Kelly, 96 A.D.3d 625, 626 [1st Dept 2012], lv denied 20 N.Y.3d 860 [2013]). The Board conducted five reviews of petitioner...

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