—Judgment, Supreme Court, New York County (Bruce McM. Wright, J.), entered May 12, 1988, which dismissed petitioner’s CPLR article 78 petition which sought to annul respondent’s determination denying his application for accident disability retirement benefits, unanimously affirmed, without costs.
The findings of the Medical Board and Board of Trustees of the New York City Employees’ Retirement System were neither arbitrary nor capricious (see, Matter of Drayson v Board of Trustees of Police Pension Fund, 37 AD2d 378, affd 32 NY2d 852). The determination that petitioner, a Rikers Island correction officer, had not incurred his injuries in the actual
Finally, petitioner’s eligibility for workers’ compensation benefits was not dispositive of his eligibility for accident retirement benefits. The language of the Workers’ Compensation Law differs substantially from that of section 13-168 of the Administrative Code. Moreover, section 13-176 (c) of the Administrative Code specifically provides that a decision of the Workers’ Compensation Board is not binding on the Medical Board of the New York City Employees’ Retirement System in determining the eligibility of a claimant for accident disability benefits (Matter of Alessio v New York City Employees’ Retirement Sys., supra). Concur—Sullivan, J. P., Carro, Milonas, Rosenberger and Smith, JJ.
