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Topkin v. Board of Educ. of City Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 531 (N.Y. App. Div. 1986)

Opinion

June 16, 1986

Appeal from the Supreme Court, Kings County (Pino, J.).


Judgment affirmed, with costs.

The report of the physician of the respondent Teachers' Retirement System provides credible evidence to support the determination (see, Matter of Manza v. Malcolm, 44 A.D.2d 794). The opinion of the medical board of the Teachers' Retirement System was conclusive (see, Matter of Mondello v. Beekman, 78 A.D.2d 824, affd 56 N.Y.2d 513). Furthermore, the resolution of a conflict in the medical evidence is solely within the province of the medical board (see, Matter of Manza v. Malcolm, supra). The board is privileged to accept the medical reports of its own expert over those of a claimant (see, Carey v. McGuire, 88 A.D.2d 532), and the Teachers' Retirement System does not have to conduct an independent review of the findings of the medical board (see, Matter of Sherrid v. Teachers' Retirement Bd., 112 Misc.2d 6, 7). A mere conflict in opinion among physicians is not a ground for disturbing a determination and the petition was properly dismissed (see, Roth v. Board of Trustees, 66 A.D.2d 664). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.


Summaries of

Topkin v. Board of Educ. of City Sch. Dist

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 531 (N.Y. App. Div. 1986)
Case details for

Topkin v. Board of Educ. of City Sch. Dist

Case Details

Full title:GERALD O. TOPKIN, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL…

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

Date published: Jun 16, 1986

Citations

121 A.D.2d 531 (N.Y. App. Div. 1986)

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