D'Amato v. Regan

Appellate Division of the Supreme Court of New York

D'Amato v. Regan

81 A.D.2d 733, 441 N.Y.S.2d 1013, 1981 N.Y. App. Div. LEXIS 11292

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 1981·Published·Cited by 4 cases

Opinion

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for ordinary disability retirement. Inasmuch as the evaluation of conflicting medical testimony is for the Comptroller (see, e.g., Matter of Vasquez v Altman, 80 AD2d 701), the instant determination must be confirmed. Determination confirmed, and petition dismissed, without costs. Sweeney, J.P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.

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— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for ordinary disability retirement. Inasmuch as the evaluation of conflicting medical testimony is for the Comptroller (see, e.g., Matter of Vasquez v Altman, 80 AD2d 701), the instant determination must be confirmed. Determination confirmed, and petition dismissed, without costs. Sweeney, J.P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.

D'Amato v. Regan, 81 A.D.2d 733, 441 N.Y.S.2d 1013, 1981 N.Y. App. Div. LEXIS 11292 (N.Y. Ct. App. 1981).

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Opinion

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