New York Court of Appeals

In the Matter of Eileen Borenstein v. New York City Employees' Retirement System

October 15, 199688 N.Y.2d 756

Summary

The Court held that the NYCERS Medical Board’s determination that the respondent was not disabled is entitled to deference and must be upheld unless it lacks a rational basis, is arbitrary, or capricious. Accordingly, the Court reversed the Appellate Division’s order granting the disability pension and dismissed the respondent’s article 78 petition.