Appellate Division of the Supreme Court of the State of New York February 2, 2012 (Mulvaney v. DiNapoli)

Egan Jr., J.

Respondent is authorized to “resolve conflicts in the medical evidence and to credit one expert’s opinion over that of another, so long as the credited expert articulates a rational and fact-based opinion founded upon a physical examination and review of the pertinent medical records” (Matter of Freund v Hevesi, 34 AD3d 950, 950 [2006]).