Matter of Finkelstein v Kelly

Matter of Finkelstein v Kelly 2007 NY Slip Op 04707 [41 AD3d 122] Decided on June 5, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 5, 2007
Friedman, J.P., Marlow, Nardelli, Buckley, Kavanagh, JJ.
1256
Index 113875/04

[*1]In re Edward Finkelstein, Petitioner-Appellant,

v

Raymond Kelly, Police Commissioner of the City of New York, etc., et al., Respondents-Respondents.




Jeffrey L. Goldberg, P.C., Lake Success (Chester P.
Lukaszewski of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Marta
Ross of counsel), for respondents.

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered March 1, 2006, which denied petitioner's application to annul respondents' determination denying an accidental disability retirement, and dismissed the petition, unanimously affirmed, without costs.

The Medical Board's finding that petitioner is not disabled is supported by some credible evidence (see Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760-761 [1996]), including its own physical examinations of petitioner (see Matter of Goffred v Kelly, 13 AD3d 72 [2004]) showing normal reflexes and no weakness or atrophy, and MRI reports showing no significant neural compromise or nerve root involvement. The record shows that the Board properly considered petitioner's conflicting medical evidence (see Borenstein, 88 NY2d at 761; Goffred, 13 AD3d at 73).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2007

CLERK