Fletcher v. McCall

Appellate Division of the Supreme Court of New York

Fletcher v. McCall

215 A.D.2d 860, 626 N.Y.S.2d 980, 1995 N.Y. App. Div. LEXIS 4988

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

DecidedMay 11, 1995

StatusPublished

Cited by1 cases

This text of 215 A.D.2d 860 (Fletcher v. McCall) 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

Fletcher v. McCall, 215 A.D.2d 860, 626 N.Y.S.2d 980, 1995 N.Y. App. Div. LEXIS 4988 (N.Y. Ct. App. 1995).

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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 application for ordinary disability retirement benefits.

There is substantial evidence in the record to support respondent’s finding that petitioner failed to sustain her burden of proving that she was permanently incapacitated from performing her job duties as a community residence aide. No objective medical evidence of petitioner’s disability was presented at the hearing. Moreover, to the extent the testimony of the medical experts differed concerning petitioner’s ability to perform her job duties, it was for respondent to evaluate these conflicting opinions. Accordingly, respondent’s determination must be upheld.

Cardona, P. J., Mercure, White, Casey and Spain, 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 application for ordinary disability retirement benefits.

There is substantial evidence in the record to support respondent’s finding that petitioner failed to sustain her burden of proving that she was permanently incapacitated from performing her job duties as a community residence aide. No objective medical evidence of petitioner’s disability was presented at the hearing. Moreover, to the extent the testimony of the medical experts differed concerning petitioner’s ability to perform her job duties, it was for respondent to evaluate these conflicting opinions. Accordingly, respondent’s determination must be upheld.

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

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Bluebook (online)

215 A.D.2d 860, 626 N.Y.S.2d 980, 1995 N.Y. App. Div. LEXIS 4988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-mccall-nyappdiv-1995.

Opinion

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