Cannatella v. New York State Employees' Retirement System
This text of 217 A.D.2d 736 (Cannatella v. New York State Employees' Retirement System) 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.
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 the Comptroller which denied petitioner’s application for accidental disability retirement benefits.
The Comptroller denied petitioner’s application for accidental disability retirement benefits based upon his finding that petitioner was not permanently incapacitated from the performance of his duties as a correction officer. There is substantial medical evidence in the record to support this determination. The existence of conflicting medical evidence does not change this fact. It was the responsibility of the Comptroller to evaluate the conflicting medical evidence and he was free to accord more weight to the evidence he found most credible. The determination must therefore be confirmed.
Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
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Cite This Page — Counsel Stack
217 A.D.2d 736, 628 N.Y.S.2d 613, 1995 N.Y. App. Div. LEXIS 7613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cannatella-v-new-york-state-employees-retirement-system-nyappdiv-1995.