Opinion
2231
November 18, 2003.
Judgment (denominated an order), Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 5, 2002, which denied petitioner's application to annul respondents' determination denying her accident disability retirement benefits and dismissed the petition, unanimously affirmed, without costs.
Jeffrey L. Goldberg, for petitioner-appellant.
Sharyn Rootenberg, for respondents-respondents.
Before: Nardelli, J.P., Tom, Mazzarelli, Marlow, JJ.
Respondent Police Commissioner found that petitioner's psychological disabilities did not arise solely out of a 1994 shooting incident in which petitioner killed one of three men attempting to hold up a beauty parlor in which she was a customer. The record contains credible evidence to support the findings of the Medical Board of the New York City Employee Retirement System as to the cause of petitioner's disability, and the Board of Trustees was entitled to rely on the Board's recommendation as to causation, "even in the face of conflicting evidence" (Matter of Bevers v. New York City Employees' Retirement Sys., 179 A.D.2d 489, 490, lv denied 79 N.Y.2d 758). Thus, respondents' determination was not arbitrary and capricious (Matter of Borenstein v. New York City Employee Retirement Sys., 88 N.Y.2d 756, 760-761).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.