Saburro v. Board of Trustees of New York City Police Pension Fund

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: ROSENBERGER
• Citation: Saburro v. Board of Trustees of New York City Police Pension Fund, 639 N.Y.S.2d 923, 225 A.D.2d 466 (N.Y. App. Div. 1996)
• Decision Date: 26 March 1996
• Parties: In re Application of Benny SABURRO, Petitioner-Appellant, For a Judgment, etc., v. The BOARD OF TRUSTEES OF the NEW YORK CITY POLICE PENSION FUND, et al., Respondents-Respondents.

Page 923

639 N.Y.S.2d 923

225 A.D.2d 466

In re Application of Benny SABURRO, Petitioner-Appellant For a Judgment, etc., v. The BOARD OF TRUSTEES OF the NEW YORK CITY POLICE PENSION FUND, et al., Respondents-Respondents.

Supreme Court of New York, Appellate Division First Department.

March 26, 1996.

John M. Denby, for petitioner-appellant.

Julian L. Kalkstein, for respondents-respondents.

Judgment, Supreme Court, New York County (Herman Cahn, J.) entered November 30, 1994, which denied petitioner's application pursuant to CPLR article 78 to annul respondent's determination denying petitioner a disability retirement pension, unanimously affirmed, without costs.

We agree with the IAS court that respondent's determination that petitioner was not disabled was based on sufficient and competent medical evidence, including the Medical Board's observations of petitioner, and was not otherwise arbitrary and capricious. We find no support for petitioner's contention that the Medical Board resolved the conflict in medical opinion concerning the existence of a disability by simply ignoring aspects of petitioner's medical proof (compare, Matter of Borenstein v. New York...