Byer v. New York State Comptroller

Appellate Division of the Supreme Court of New York

Byer v. New York State Comptroller

222 A.D.2d 830, 634 N.Y.S.2d 566, 1995 N.Y. App. Div. LEXIS 12648

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 7, 1995

StatusPublished

This text of 222 A.D.2d 830 (Byer v. New York State Comptroller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byer v. New York State Comptroller, 222 A.D.2d 830, 634 N.Y.S.2d 566, 1995 N.Y. App. Div. LEXIS 12648 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for ordinary disability retirement benefits.

Petitioner resigned from his position as a mental hygiene therapy aide at a psychiatric center because he was suffering from dyslectic stress and psychological problems. His application for ordinary disability retirement benefits was thereafter denied on the ground he failed to establish that he was permanently incapacitated from performing his job duties.

Petitioner contends that the determination is not supported by substantial evidence. The record contains conflicting medical testimony regarding the extent to which petitioner’s medical problems prevented him from performing his job. The Comptroller elected to accept testimony of a physician who opined that petitioner could continue to perform his job notwithstanding his medical condition and petitioner’s employ[831]*831ment problems. Assessment of credibility of medical testimony is a function of the Comptroller. We find substantial evidence supports the determination.

Cardona, P. J., Mikoll, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for ordinary disability retirement benefits.

Petitioner resigned from his position as a mental hygiene therapy aide at a psychiatric center because he was suffering from dyslectic stress and psychological problems. His application for ordinary disability retirement benefits was thereafter denied on the ground he failed to establish that he was permanently incapacitated from performing his job duties.

Petitioner contends that the determination is not supported by substantial evidence. The record contains conflicting medical testimony regarding the extent to which petitioner’s medical problems prevented him from performing his job. The Comptroller elected to accept testimony of a physician who opined that petitioner could continue to perform his job notwithstanding his medical condition and petitioner’s employ[831]*831ment problems. Assessment of credibility of medical testimony is a function of the Comptroller. We find substantial evidence supports the determination.

Cardona, P. J., Mikoll, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

222 A.D.2d 830, 634 N.Y.S.2d 566, 1995 N.Y. App. Div. LEXIS 12648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byer-v-new-york-state-comptroller-nyappdiv-1995.