88 N.Y.2d at 760 Process for determining accidental disability retirement benefits101 citing cases“make its own evaluation as to the medical board's recommendation regarding causation”
- Cevallos v. Tucker, 2026 NY Slip Op 30695(U) (N.Y. Sup. Ct., New York Cty. 2026).unpublishedFirst, the employee must be found disabled by the Medical Board, and if the employee is found to be disabled the Medical Board makes a recommendation as to causation of the disability – whether the employee should be retired on ODR or ADR…
- Matter of Rawlins v. Teachers' Ret. Sys. of the City of N.Y., 42 N.Y.3d 315 (N.Y. 2024).publishedOn article 78 {**42 NY3d at 319}review, the Board's determination to deny ADR generally will not be disturbed if it is based on substantial evidence; that is, if it is rationally supported by the record viewed as a whole ( see Kelly , 30 N…
- Matter of Rosa v. New York City Employees' Ret. Sys., 2024 NY Slip Op 02538 (N.Y. App. Div. 2d Dep't 2024).published"If the Medical Board concludes that the applicant is disabled, it must then make a recommendation to the Board of Trustees as to whether the disability was a natural and proximate result of an accidental injury received in . . . city-serv…
- Matter of Pepe v. Dep't of Educ. of the City of N.Y., 2023 NY Slip Op 06825 (N.Y. App. Div. 1st Dep't 2023).publishedRetirement Sys. , 88 NY2d 756, 760 [1996]).
- Matter of Smith v. Shea, 2022 NY Slip Op 05969 (N.Y. App. Div. 1st Dep't 2022).published The Medical Board properly based its conclusion on its examination of petitioner and his medical records, which provided some credible evidence in support of its findings (see Matter of Borenstein v New York City Employees' Retirement Sys.…
- Matter of Rawlins v. Teachers' Ret. Sys. of the City of N.Y., 2022 NY Slip Op 03459 (N.Y. App. Div. 1st Dep't 2022).published Respondent Teachers' Retirement System's determination that petitioner is not entitled to ADR benefits is not arbitrary and capricious but based on the record ( see Matter of Borenstein v New York City Employees Retirement Sys. , 88 NY2d 7…
- Matter of Dimino v. Shea, 2022 NY Slip Op 01239 (N.Y. App. Div. 1st Dep't 2022).publishedThe Board of Trustees were entitled to rely on the Medical Board's determination in that it was based on some credible evidence which supported it ( see Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760-762…
- Matter of Boyd v. New York City Employees' Ret. Sys., 2022 NY Slip Op 01158 (N.Y. App. Div. 2d Dep't 2022).published"Substantial evidence" in this context means "some credible evidence" ( Matter of Borenstein v New York City Employees' Retirement Sys. , 88 NY2d 756, 760 [internal quotation marks omitted]; see Matter of Gibbs v New York City Employees' R…
- Matter of Brassil v. O'Neill, 2021 NY Slip Op 06749 (N.Y. App. Div. 1st Dep't 2021).published Petitioner, a retired detective for the New York City Police Department, failed to establish that the Medical Board's determination, that she was not rendered disabled from her former duties with the NYPD by the medical conditions she suff…
- Matter of R.B. v. New York State Off. of Child. & Fam. Servs., 2021 NY Slip Op 06063 (N.Y. App. Div. 1st Dep't 2021).published Off. of Children & Family Servs. , 175 AD3d 1166 , 1167 [1st Dept 2019], quoting Matter of Borenstein v New York City Employees' Retirement Sys. , 88 NY2d 756, 760 [1996]; Social Services Law § 371[4-b][iii]; 18 NYCRR 432.1[a][3]; see also…
Show 76 more citing cases
- Matter of Vega v. O'Neill, 2021 NY Slip Op 05470 (N.Y. App. Div. 1st Dep't 2021).published The determination of the Medical Board is supported by the medical evidence and therefore has a rational basis ( see Matter of Borenstein v New York City Employees' Retirement Sys. , 88 NY2d 756, 760 [1996]; Matter of Goodacre v Kelly , 96…
- Matter of Amar v. New York City Empls.' Ret. Sys., 187 A.D.3d 687 (N.Y. App. Div. 1st Dep't 2020).publishedThe denial of petitioner's application for accidental disability retirement is not arbitrary and capricious, but is based on credible evidence in the record ( see Matter of Borenstein v New York City Employees' Retirement Sys. , 88 NY2d 75…
- Matter of Drew v. O'Neill, 129 N.Y.S.3d 756 (N.Y. App. Div. 1st Dep't 2020).publishedThe Medical Board was entitled to rely on its own examinations and testing of petitioner as well as its review of petitioner's medical records, which provided some credible evidence to support its finding that petitioner was not disabled a…
- Matter of DeMeo v. Teachers Ret. Sys. of the City of N.Y., 180 A.D.3d 560 (N.Y. App. Div. 1st Dep't 2020).publishedThe determination to deny petitioner's application for accident disability retirement was not arbitrary and capricious, and was supported by some credible evidence ( see Matter of Merlino v Teachers' Retirement Sys. of the City of N.Y. , 1…
- Matter of Merlino v. Teachers' Ret. Sys. of the City of N.Y., 177 A.D.3d 430 (N.Y. App. Div. 1st Dep't 2019).publishedThe determination to deny petitioner's application for accident disability retirement was not arbitrary and capricious, and was supported by some credible evidence ( see Matter of Borenstein v New York City Employees' Retirement Sys. , 88…
- Matter of Riel v. State of N.Y. Off. of Child. & Fam. Servs., 175 A.D.3d 1166 (N.Y. App. Div. 1st Dep't 2019).publishedThe "substantial [evidence] threshold" is met by the existence of "some credible evidence" ( Matter of Borenstein v New York City Employees' Retirement Sys. , 88 NY2d 756, 760 [1996][internal quotation marks omitted]).
- Matter of Gibbs v. New York City Employees' Ret. Sys., 2018 NY Slip Op 3525 (N.Y. App. Div. 2d Dep't 2018).published"Substantial evidence" in this context means "some credible evidence" ( Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760 [internal quotation marks omitted]; see Matter of Hernandez v New York City Employees…
- Matter of Russell v. New York City Employees' Ret. Sys., 155 A.D.3d 1046 (N.Y. App. Div. 2d Dep't 2017).published The Medical Board determines whether a member applying for disability retirement benefits is disabled, and the Board of Trustees is bound by the Medical Board’s finding that an applicant is, or is not, disabled for duty (see Matter of Bore…
- Matter of Hernandez v. New York City Employees' Ret. Sys., 148 A.D.3d 706 (N.Y. App. Div. 2d Dep't 2017).published“Substantial evidence” in this context means “some credible evidence” (Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]; see Matter of Jones v New York City Employees’ Retirement Sys., 138 AD3d 8…
- Matter of Jones v. New York City Employees' Ret. Sys., 138 A.D.3d 852 (N.Y. App. Div. 2d Dep't 2016).publishedAccordingly, we do not disturb it *853 (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]; Matter of Canfora v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art.
- Matter of Fusco v. Teachers' Ret. Sys. of the City of New York, 136 A.D.3d 450 (N.Y. App. Div. 1st Dep't 2016).publishedCity Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 145 [1997]; Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760 [1996]).
- Fesler v. Bratton, 48 Misc. 3d 444 (N.Y. Sup. Ct. 2015).published (See Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760 [1996].) Ordinarily, the burden is on the applicant to establish that his or her disabling injury constitutes an accident for ADR purposes.
- Sorenson v. Cassano, 117 A.D.3d 1069 (N.Y. App. Div. 2d Dep't 2014).published “As long as there is ‘some credible evidence’ supporting the Medical Board’s determination, its determination must be upheld” (Matter of Deering v Scopetta, 71 AD3d 1141 , 1142 [2010], quoting Matter of Borenstein v New York City Employees…
- Spears v. New York City Employees' Ret. Sys., 116 A.D.3d 491 (N.Y. App. Div. 1st Dep't 2014).published The record shows that NYCERS’ Board of Trustees fulfilled its duty to “make its own evaluation as to the Medical Board’s recommendation regarding causation” (Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760…
- Anonymous v. Kelly, 115 A.D.3d 619 (N.Y. App. Div. 1st Dep't 2014).published The determinations of both boards are supported by the requisite credible evidence of lack of causation (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]; Matter of Meyer v Board of Trustees…
- Richter v. Kelly, 111 A.D.3d 538 (N.Y. App. Div. 1st Dep't 2013).published In the absence of credible medical evidence that petitioner’s disabling heart condition is not related to her service as a police surgeon, the Board of Trustees’ determination to deny her ADR benefits under the Heart Bill lacks a rational…
- Doorley v. Kelly, 106 A.D.3d 554 (N.Y. App. Div. 1st Dep't 2013).published City Fire Dept., 89 NY2d 1065, 1067 [1997]; Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]).
- Schlesinger v. New York City Employees' Ret. Sys., 101 A.D.3d 736 (N.Y. App. Div. 2d Dep't 2012).published The issue of whether a correction officer is disabled as a result of a service-related incident is determined by the Medical Board of the New York City Employees’ Retirement System (hereinafter the Medical Board) (see Matter of Borenstein…
- Drummond v. New York City Employees' Ret. Sys., 98 A.D.3d 1116 (N.Y. App. Div. 2d Dep't 2012).published The Board of Trustees of the New York City Employees’ Retirement System (hereinafter the Board of Trustees) is bound by a Medical Board finding that an applicant is not disabled for duty (see Matter of Borenstein v New York City Employees’…
- Matter of McMikle v. Dep't of Educ. of the City of N.Y., 192 A.D.3d 513 (N.Y. App. Div. 1st Dep't 2021).published
- Beckles v. Kerik, 1 A.D.3d 215 (N.Y. App. Div. 1st Dep't 2003).published
- Funk v. Kerik, 5 A.D.3d 239 (N.Y. App. Div. 1st Dep't 2004).published
- Ackalitis v. Murphy, 5 A.D.3d 381 (N.Y. App. Div. 2d Dep't 2004).published
- Claim of Cooper v. McCall, 5 A.D.3d 851 (N.Y. App. Div. 3d Dep't 2004).published
- Creegan v. Bd. of Trs., 7 A.D.3d 335 (N.Y. App. Div. 1st Dep't 2004).published
- Callaghan v. Bd. of Trs. of the New York City Police Pension Fund, 8 A.D.3d 117 (N.Y. App. Div. 1st Dep't 2004).published
- Kuczinski v. Bd. of Trs. of New York City Fire Dep't, 8 A.D.3d 283 (N.Y. App. Div. 2d Dep't 2004).published
- Ramsey v. City of New York, 8 A.D.3d 392 (N.Y. App. Div. 2d Dep't 2004).published
- Goffred v. Kelly, 13 A.D.3d 72 (N.Y. App. Div. 1st Dep't 2004).published
- Holzberg v. Kelly, 13 A.D.3d 280 (N.Y. App. Div. 1st Dep't 2004).published
- Hession v. Bd. of Trs. of New York City Fire Dep't, 23 A.D.3d 468 (N.Y. App. Div. 2d Dep't 2005).published
- Marzigliano v. New York City Employees' Ret. Sys. (NYCERS), 27 A.D.3d 748 (N.Y. App. Div. 2d Dep't 2006).published
- Vidal v. Bd. of Trs. of New York City Fire Dep't, 32 A.D.3d 399 (N.Y. App. Div. 2d Dep't 2006).published
- Schwartz v. Kelly, 36 A.D.3d 563 (N.Y. App. Div. 1st Dep't 2007).published
- Dittrich v. Bd. of Trs., 37 A.D.3d 342 (N.Y. App. Div. 1st Dep't 2007).published
- Suppan v. New York City Employees' Ret. Sys., 37 A.D.3d 474 (N.Y. App. Div. 2d Dep't 2007).published
- Vastola v. Bd. of Trs., 37 A.D.3d 478 (N.Y. App. Div. 2d Dep't 2007).published
- Stack v. Bd. of Trs. of the New York City Fire Dep't, 38 A.D.3d 562 (N.Y. App. Div. 2d Dep't 2007).published
- Finkelstein v. Kelly, 41 A.D.3d 122 (N.Y. App. Div. 1st Dep't 2007).published
- Itjen v. Bd. of Trs. of New York City Police Pension Fund, 41 A.D.3d 284 (N.Y. App. Div. 1st Dep't 2007).published
- Ohnigian v. New York City Fire Dep't Pension Fund, 42 A.D.3d 541 (N.Y. App. Div. 2d Dep't 2007).published
- Visconti v. Kelly, 49 A.D.3d 273 (N.Y. App. Div. 1st Dep't 2008).published
- Mulet v. Kelly, 49 A.D.3d 336 (N.Y. App. Div. 1st Dep't 2008).published
- Josey v. New York City Police Dep't, 50 A.D.3d 393 (N.Y. App. Div. 1st Dep't 2008).published
- Elite Contractors, Inc. v. Off. of Reg'l & Econ. Dev., 50 A.D.3d 507 (N.Y. App. Div. 1st Dep't 2008).published
- Silveira v. New York City Employees' Ret. Sys., 54 A.D.3d 1043 (N.Y. App. Div. 2d Dep't 2008).published
- Fragale v. Diane D'Alessandro, 55 A.D.3d 607 (N.Y. App. Div. 2d Dep't 2008).published
- Zamelsky v. New York City Employees' Ret. Sys., 55 A.D.3d 844 (N.Y. App. Div. 2d Dep't 2008).published
- Seiferheld v. Kelly, 70 A.D.3d 460 (N.Y. App. Div. 1st Dep't 2010).published
- Lloyd v. Kelly, 73 A.D.3d 490 (N.Y. App. Div. 1st Dep't 2010).published
- Khurana v. Kelly, 73 A.D.3d 497 (N.Y. App. Div. 1st Dep't 2010).published
- Fernandez v. Bd. of Trs. of the New York Fire Dep't Pension Fund, Subchapter 2, 81 A.D.3d 950 (N.Y. App. Div. 2d Dep't 2011).published
- Zaborowski v. Kelly, 93 A.D.3d 436 (N.Y. App. Div. 1st Dep't 2012).published
- Hughes v. Kelly, 93 A.D.3d 604 (N.Y. App. Div. 1st Dep't 2012).published
- Ortiz v. Kelly, 94 A.D.3d 430 (N.Y. App. Div. 1st Dep't 2012).published
- Baudille v. Kelly, 95 A.D.3d 415 (N.Y. App. Div. 1st Dep't 2012).published
- Vargas v. New York City Employees' Ret. Sys., 95 A.D.3d 1345 (N.Y. App. Div. 2d Dep't 2012).published
- Goodacre v. Kelly, 96 A.D.3d 625 (N.Y. App. Div. 1st Dep't 2012).published
- Dement v. Kelly, 97 A.D.3d 223 (N.Y. App. Div. 1st Dep't 2012).published
- Schwarzrock v. Bd. of Trs., 238 A.D.2d 596 (N.Y. App. Div. 2d Dep't 1997).published
- Inguanta v. Bd. of Trs. of New York City Fire Dep't, 302 A.D.2d 527 (N.Y. App. Div. 2d Dep't 2003).published
- Drew v. New York City Employees' Ret. Sys., 305 A.D.2d 408 (N.Y. App. Div. 2d Dep't 2003).published
- Decker v. McCall, 305 A.D.2d 782 (N.Y. App. Div. 3d Dep't 2003).published
- Toole v. Bd. of Trs. of the New York City Police Pension Fund, 306 A.D.2d 55 (N.Y. App. Div. 1st Dep't 2003).published
- Bon v. Sapir, 307 A.D.2d 885 (N.Y. App. Div. 1st Dep't 2003).published
- Morris v. New York City Employees' Ret. Sys., 309 A.D.2d 526 (N.Y. App. Div. 1st Dep't 2003).published
- Doe v. Kelly, 5 Misc. 3d 453 (N.Y. Sup. Ct. 2004).published
- Marley v. Bd. of Trs., 15 Misc. 3d 1068 (N.Y. Sup. Ct. 2007).published
- Tesoriero v. Bd. of Trs. of New York Fire Dep't Article 1-B Pension Fund, 17 Misc. 3d 497 (N.Y. Sup. Ct. 2007).published
- Schlesinger v. New York City Employees' Ret. Sys., 27 Misc. 3d 1040 (N.Y. Sup. Ct. 2010).published
- Lidakis v. New York City Employees' Ret. Sys., 27 Misc. 3d 1150 (N.Y. Sup. Ct. 2010).published
- Macri v. Kelly, 28 Misc. 3d 504 (N.Y. Sup. Ct. 2010).published
- Carter v. New York City Employees' Ret. Sys., 31 Misc. 3d 430 (N.Y. Sup. Ct. 2010).published
- Santiago v. Kelly, 35 Misc. 3d 631 (N.Y. Sup. Ct. 2012).published
- Collins v. Kelly, 37 Misc. 3d 377 (N.Y. Sup. Ct. 2011).published
- Matter of Rathour v. Whinnery, 2026 NY Slip Op 03311 (N.Y. App. Div. 2d Dep't 2026).published
88 N.Y.2d at 761 Medical board's authority to resolve conflicting medical evidence37 citing casesof Longo v City of New York, 178 AD2d 253, 255, affd 79 NY2d 1011; Matter of Goldman v McGuire, 101 AD2d 768, 770, affd 64 NY2d 1041; Matter of Belnavis v…
- Matter of Mungiguerra v. Nigro, 2025 NY Slip Op 00292 (N.Y. App. Div. 1st Dep't 2025).publishedSupreme Court improperly substituted its judgment for that of the Medical Boards, as credible evidence supported the conclusions that the disabling conditions in petitioner's knee and shoulder were not proximately caused by any of his LOD…
- Matter of Bradley v. New York City Employees' Ret. Sys., 193 A.D.3d 847 (N.Y. App. Div. 2d Dep't 2021).published Courts may not "substitute [their] own judgment for that of the Medical Board" ( Matter of Borenstein v New York City Employees' Retirement Sys. , 88 NY2d at 761 [internal quotation marks omitted]).
- Matter of Medina v. Shea, 138 N.Y.S.3d 304 (N.Y. App. Div. 1st Dep't 2021).publishedA court may not substitute its judgment for that of the Medical Board ( see Matter of Borenstein v New York City Employees' Retirement Sys. , 88 NY2d 756, 761 [1996]).
- Doorley v. Kelly, 118 A.D.3d 599 (N.Y. App. Div. 1st Dep't 2014).published The Medical Board reviewed voluminous medical records concerning petitioner, and resolved the conflict in the medical evidence by relying on its physical examinations and medical judgment (see Matter of Borenstein v New York City Employees…
- Athanassiou v. Kelly, 101 A.D.3d 517 (N.Y. App. Div. 2012).published Resolution of the conflicting opinions of the medical experts was for the Medical Board to resolve (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761 [1996]; Matter of Whitton v Spinnato, 143 AD2d 274, 2…
- Bitchatchi v. Bd. of Trs. of New York City Police Dep't Pension Fund, 982 N.E.2d 600 (N.Y. 2012).publishedCity Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 147 [1997]; Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 761 [1996]).
- Ackalitis v. Murphy, 5 A.D.3d 381 (N.Y. App. Div. 2d Dep't 2004).published
- Creegan v. Bd. of Trs., 7 A.D.3d 335 (N.Y. App. Div. 1st Dep't 2004).published
- Ramsey v. City of New York, 8 A.D.3d 392 (N.Y. App. Div. 2d Dep't 2004).published
- Suppan v. New York City Employees' Ret. Sys., 37 A.D.3d 474 (N.Y. App. Div. 2d Dep't 2007).published
Show 23 more citing cases
- Vastola v. Bd. of Trs., 37 A.D.3d 478 (N.Y. App. Div. 2d Dep't 2007).published
- Vargas v. New York City Employees' Ret. Sys., 95 A.D.3d 1345 (N.Y. App. Div. 2d Dep't 2012).published
- Schwarzrock v. Bd. of Trs., 238 A.D.2d 596 (N.Y. App. Div. 2d Dep't 1997).published
- Drew v. New York City Employees' Ret. Sys., 305 A.D.2d 408 (N.Y. App. Div. 2d Dep't 2003).published
- Meyer v. Bd. of Trs., 681 N.E.2d 382 (N.Y. 1997).published
- Kriete v. Safir, 11 A.D.3d 205 (N.Y. App. Div. 1st Dep't 2004).published
- Regan v. New York State & Local Employees' Ret. Sys., 14 A.D.3d 927 (N.Y. App. Div. 3d Dep't 2005).published
- Buffalo Civic Auto Ramps, Inc. v. Serio, 21 A.D.3d 722 (N.Y. App. Div. 1st Dep't 2005).published
- Canonico v. Kelly, 38 A.D.3d 444 (N.Y. App. Div. 1st Dep't 2007).published
- Clarke v. Bd. of Trs., 46 A.D.3d 559 (N.Y. App. Div. 2d Dep't 2007).published
- Campbell v. Bd. of Trs. of New York City Fire Dep't, 47 A.D.3d 926 (N.Y. App. Div. 2d Dep't 2008).published
- Gullo v. Kelly, 50 A.D.3d 449 (N.Y. App. Div. 1st Dep't 2008).published
- Meehan v. Kelly, 50 A.D.3d 523 (N.Y. App. Div. 1st Dep't 2008).published
- Deering v. Scopetta, 71 A.D.3d 1141 (N.Y. App. Div. 2d Dep't 2010).published
- Kiess v. Kelly, 75 A.D.3d 416 (N.Y. App. Div. 1st Dep't 2010).published
- Claudio v. Kelly, 84 A.D.3d 667 (N.Y. App. Div. 1st Dep't 2011).published
- MacPherson v. Kelly, 95 A.D.3d 570 (N.Y. App. Div. 1st Dep't 2012).published
- Agnelli v. Kelly, 96 A.D.3d 471 (N.Y. App. Div. 1st Dep't 2012).published
- Reid v. Kelly, 235 A.D.2d 361 (N.Y. App. Div. 1st Dep't 1997).published
- Bell v. New York City Employees' Ret. Sys., 273 A.D.2d 119 (N.Y. App. Div. 1st Dep't 2000).published
- Corso v. Jalosky, 300 A.D.2d 615 (N.Y. App. Div. 2d Dep't 2002).published
- Mulheren v. Bd. of Trs., 307 A.D.2d 129 (N.Y. App. Div. 1st Dep't 2003).published
- Jefferson v. Kelly, 14 Misc. 3d 191 (N.Y. Sup. Ct. 2006).published
Other citing cases
- Eager v. Am. Mensa, Ltd., 2025 NY Slip Op 33011(U) (N.Y. Sup. Kings 2025).unpublished
v.
New York City Employees' Retirement System
OPINION OF THE COURT
Chief Judge Kaye.This appeal centers on a determination by the Medical Board of appellant New York City Employees’ Retirement System (NYCERS) that respondent was not physically disabled for the purpose of performing city-service. We now consider the proper standard for judicial review of that determination.
In the early morning hours of December 25, 1990, while working at Rikers Island Correctional Facility as an Assistant Deputy Warden, respondent allegedly slipped on loose carpeting in the supervisors’ bathroom ánd suffered injuries to her neck, shoulder, back, and right hand and wrist. There were no eyewitnesses to the incident. Respondent was immediately examined by a Department of Correction clinical physician who diagnosed her right hand as sprained. The physician noted that respondent had some degree of neck discomfort but had full range of motion. A week later, another physician with the Department’s Health Management Division, after examining respondent, reported that she may have sustained a concussion in the fall. An X ray of respondent’s right hand revealed that there was no fracture.
Approximately two months later, respondent’s physician (Dr. Carlisle St. Martin) concluded from a number of neurological tests that she was suffering from postconcussion syndrome and cervical and lumbosacral sprains. An electroencephalogram was inconclusive, but a Magnetic Resonance Imaging (MRI) scan of respondent’s cervical spine on April 30, 1991 revealed a herniated disc at the C5-C6 interspace, a "prominent annulus” at the C6-C7 interspace and a slight reversal of the spine’s normal curvature. There were no "other focal abnor[*759] malities” and no "abnormalities of the brain stem or spinal cord.”
In August 1991, the Department applied to NYCERS requesting that respondent — who had been on sick leave for the seven months since the incident — be considered for disability benefits.
In that connection, on January 29, 1992, respondent was examined by the three NYCERS Medical Board physicians. At that time she complained of constant headaches, blurred vision, neck pain and weakness of her left arm. The Medical Board found that the motion in her cervical spine was limited, the grip of her left hand was weak, and her left paracervical and left trapezius muscles were painful to ordinary touch. The Board noted, however, that respondent could adequately extend both arms, the measurements of her left arm and forearm were equal to the right, the deep tendon reflexes of both of her arms were normal and she showed no signs of a hernial defect. The Board concluded that respondent’s complaints did not "substantiate the claim of disability” and recommended to the NYCERS Board of Trustees that she be denied disability benefits.
Respondent then obtained written opinions from her own doctors contradicting the Board’s findings. Dr. St. Martin opined that, based on his examination and test results, respondent suffered from cervical disc disease, was "unfit for any type of duty” and should "be removed from the workplace.” Dr. Harvey Levine, an orthopedic surgeon, writing to the attorney representing respondent on her claim for Social Security disability benefits, noted that because respondent had a herniated C6 disc and radiculitis (an inflammation of the nerve root) on the left side of her body, she would not be able "to function in any meaningful capacity.”
Following a determination by a Workers’ Compensation Board physician that respondent was "partially disabled,” the Medical Board reconsidered her application for accidental disability retirement, including the new reports of Dr. St. Martin and Dr. Levine. After reviewing her entire file and reinterviewing and reexamining her, the Medical Board again concluded that respondent was not medically disabled for the performance of city-service and recommended to the Board of Trustees that her request be denied. Some time after the Medical Board reported its findings to the Board of Trustees, the Social Security Administration approved respondent’s claim for disability benefits.
[*760] After the NYCERS Board of Trustees denied respondent’s request for accidental disability retirement benefits, respondent commenced a CPLR article 78 proceeding seeking to annul the determination. Supreme Court dismissed her petition, but the Appellate Division reversed and granted respondent’s application for an accident disability pension. We now reverse and dismiss the petition.
The award of accidental disability retirement benefits to a NYCERS applicant is a two-step process (see, Administrative Code of City of NY § 13-168 [a]). The first step involves fact finding by the NYCERS Medical Board (see also, Administrative Code § 13-123 [a] [composition of Medical Board]). After conducting its own medical examination of the applicant and considering the evidence submitted in support of the claim, the Medical Board, as a threshold matter, must certify whether the applicant is actually "physically or mentally incapacitated for the performance of city-service.” (Administrative Code § 13-168 [a].) If the Medical Board concludes that the applicant is disabled, it must then make a recommendation to the Board of Trustees as to whether the disability was "a natural and proximate result of an accidental injury received in such city-service” (id.).
The second step in the process involves the NYCERS Board of Trustees (see also, Administrative Code § 13-103 [b] [composition of Board of Trustees]). If the Medical Board certifies that the applicant is not medically disabled for duty, the Board of Trustees must accept that determination and deny applicant’s claim. The Board of Trustees is equally bound by a Medical Board finding that the applicant is disabled, but in that event it must then make its own evaluation as to the Medical Board’s recommendation regarding causation.
In an article 78 proceeding challenging the disability determination, the Medical Board’s finding will be sustained unless it lacks rational basis, or is arbitrary or capricious (see, Matter of Canfora v Board of Trustees, 60 NY2d 347, 351; Matter of Pell v Board of Educ., 34 NY2d 222, 230-231).
Ordinarily, a Medical Board’s disability determination will not be disturbed if the determination is based on substantial evidence (see, Matter of Tobin v Steisel, 64 NY2d 254, 259; Matter of Canfora v Board of Trustees, supra). While the quantum of evidence that meets the "substantial” threshold cannot be reduced to a formula, in disability cases the phrase has been construed to require "some credible evidence” (see, e.g., Matter [*761] of Longo v City of New York, 178 AD2d 253, 255, affd 79 NY2d 1011; Matter of Goldman v McGuire, 101 AD2d 768, 770, affd 64 NY2d 1041; Matter of Belnavis v Board of Trustees, 84 AD2d 244, 248; Matter of Manza v Malcolm, 44 AD2d 794; Matter of Drayson v Board of Trustees, 37 AD2d 378, 380, affd 32 NY2d 852). "Some credible evidence” strikes a proper balance between deference to the Medical Board and accountability to NYCERS members.
Here, the Medical Board’s determination was based on "some credible evidence” and was not arbitrary or capricious. The Appellate Division faulted the Medical Board for "solely” describing respondent’s condition in terms of her subjective complaints of pain, for basing its determination on "questionable clinical evidence garnered from its own examination” and for ignoring the "conclusive proof’ of disability provided by the results of the MRI scan — all of which the court deemed "irrational.” (218 AD2d 523.) Such a view of the record was erroneous.
Although the Medical Board did consider respondent’s subjective complaints of pain when determining disability, the record makes clear that it went beyond them. As the Medical Board found, the medical evidence submitted by respondent— including the MRI — was not dispositive on the issue of disability but was subject to conflicting interpretations. The Board alone had the authority to resolve such conflicts (see, Matter of Tobin v Steisel, supra, at 258-259; Matter of Cassidy v Ward, 169 AD2d 482, 483). In each of its two final reports submitted to the Board of Trustees, the Medical Board detailed what medical proof had been considered, specified the nature of respondent’s complaints and outlined the results of its physical examinations of respondent, concluding that respondent’s physical condition was not disabling for duty.
In the end, the Appellate Division here did what it should not do: "substitute [its] own judgment for that of the Medical Board” (Matter of Santoro v Board of Trustees, 217 AD2d 660, 660-661, citing Matter of Brady v City of New York, 22 NY2d 601; Matter of Appleby v Herkommer, 165 AD2d 727). Thus, the court erred in overturning the Medical Board’s finding regarding disability, and additionally erred in granting an accident disability pension, which is dependent on a finding of causation as well as disability.
Accordingly, the order of the Appellate Division should be reversed, with costs, and respondent’s article 78 petition dismissed.
[*762] Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
Order reversed, etc.