Curtis v. Regan

Appellate Division of the Supreme Court of New York

Curtis v. Regan

203 A.D.2d 876, 612 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 4465

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

DecidedApril 28, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 876 (Curtis v. Regan) 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

Curtis v. Regan, 203 A.D.2d 876, 612 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 4465 (N.Y. Ct. App. 1994).

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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 which denied petitioner’s request for disability retirement benefits.

There is substantial evidence in the record to support respondent’s conclusion that petitioner is not permanently incapacitated from performing her duties as a nurse. The conflicting medical evidence on this point was for respondent to evaluate and resolve. Accordingly, his decision denying petitioner’s claim for disability retirement benefits must be upheld. Petitioner’s remaining arguments have been considered and rejected as unpersuasive.

Mikoll, J. P., Mercure, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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—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 which denied petitioner’s request for disability retirement benefits.

There is substantial evidence in the record to support respondent’s conclusion that petitioner is not permanently incapacitated from performing her duties as a nurse. The conflicting medical evidence on this point was for respondent to evaluate and resolve. Accordingly, his decision denying petitioner’s claim for disability retirement benefits must be upheld. Petitioner’s remaining arguments have been considered and rejected as unpersuasive.

Mikoll, J. P., Mercure, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

203 A.D.2d 876, 612 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 4465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-regan-nyappdiv-1994.

Opinion

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