Opinion
January 30, 2001.
Judgment, Supreme Court, New York County (Edward Lehner, J.), entered September 23, 1999, which dismissed the petition brought pursuant to CPLR article 78 to annul respondents' determination, dated December 10, 1998, denying petitioner's application for disability retirement benefits, unanimously affirmed, without costs.
Jeffrey L. Goldberg for petitioner-appellant.
Elizabeth S. Natrella for respondents-respondents.
Before: Williams, J.P., Mazzarelli, Lerner, Rubin, Buckley, JJ.
The Medical Board's finding that petitioner is not disabled may not be judicially disturbed since it is supported by some credible evidence, including its own examinations of petitioner (see, Matter of Borenstein v. New York City Empls. Retirement Sys., 88 N.Y.2d 756, 761; Matter of Bell v. New York City Empls. Retirement Sys., 273 A.D.2d 119; Matter of DeNaro v. New York City Empls. Retirement Sys., 265 A.D.2d 215, lv denied 95 N.Y.2d 769, 2000 N.Y. LEXIS 3827; Matter of Reid v. Kelly, 235 A.D.2d 361). While the medical evidence reviewed by the Medical Board was subject to conflicting interpretations, the Board alone had the authority to resolve such conflicts (see Matter of DeNaro, supra; Matter of Reid, supra). Petitioner's contention that the Board failed to consider the substantial evidence of his disability is not supported by the record.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.