Opinion
June 20, 2000.
Judgment, Supreme Court, New York County (William McCooe, J.), entered April 27, 1999, which denied petitioner's application to annul respondents' denial of his application for a disability pension, and dismissed the petition, unanimously affirmed, without costs.
Daniel B. Gazan, for petitioner-appellant.
Sharyn Rootenberg, for respondents-respondents.
Before: Nardelli, J.P., Ellerin, Lerner, Buckley, Friedman, JJ.
The Medical Board's finding that petitioner is not disabled was rationally based on its own examination of petitioner. The circumstance that the Medical Board chose to rely on such examination, rather than the conflicting reports of petitioner's physicians, is not an indication of arbitrariness (see, Matter of Borenstein v. New York City Retirement Sys., 88 N.Y.2d 756, 761;Matter of Salem v. New York City Employees' Retirement Sys., 237 A.D.2d 120, lv denied 90 N.Y.2d 802). We have considered petitioner's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.