Matter of Dabney v. New York City Employees

Full title: In the Matter of REGINA DABNEY, Appellant, v. NEW YORK CITY EMPLOYEES…

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

Date published: Dec 8, 1998

256 A.D.2d 86 (N.Y. App. Div. 1998)

681 N.Y.S.2d 250

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).

Respondents' determination was properly sustained on the ground that the Medical Board's finding that petitioner is not disabled is based on "some credible evidence", namely, its examination of petitioner and its review of conflicting medical evidence from her treating physicians, and that the earlier disability finding of the Social Security Administration does not prevent the Board from reaching its own contrary conclusion based on the evidence before it ( Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760-761; Matter of Reid v. Kelly, 235 A.D.2d 361).

Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.