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MATTER OF AMAR v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

101751/18. Appeal No. 12254. Case No. 2019-4618.

187 A.D.3d 687 (2020)

131 N.Y.S.3d 543

2020 NY Slip Op 06229

In the Matter of Mariama Amar, Appellant, v. New York City Employees' Retirement System, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 29, 2020.

The 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 N.Y.2d 756, 760 [1996]). The finding that petitioner was neither physically nor mentally incapacitated is based on her medical and mental health records, the independent psychiatric examination, and her...

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