AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

In the Matter of RUSSELL GOFFRED, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

The Medical Board's finding that petitioner is not disabled from performing full police duty is supported by credible evidence, and thus, may not be disturbed ( see Matter of Borenstein v. New York City Employees' Retirement Sys., 88 NY2d 756, 760-761). Petitioner's case was considered by the Medical Board on six separate occasions. On each occasion, the Medical Board reviewed all the medical evidence submitted by petitioner, including the results of MRIs and EMGs, and conducted its own complete orthopedic examinations of the petitioner. Despite petitioner's continuing claims of debilitating pain in his neck, shoulders, arms and legs, the Medical Board found no evidence of a disabling disease of the cervical and lumbar spine. The Medical Board was entitled to rely upon its own physical examinations which provided credible evidence for its determination and, accordingly, was not bound by the contrary opinions of petitioner's experts ( see Matter of Mulheren v. Board of Trustees of Police Pension Fund, Art. II, 307 AD2d 129, 131, lv denied 100 NY2d 515).

Use AI to get other relevant cases.

Comments

IN THE MATTER OF GOFFRED v. KELLY
(Dec 2, 2004)