Herbert v. New York State Comptroller

Appellate Division of the Supreme Court of New York

Herbert v. New York State Comptroller

201 A.D.2d 823, 609 N.Y.S.2d 866, 1994 N.Y. App. Div. LEXIS 1176

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

DecidedFebruary 10, 1994

StatusPublished

This text of 201 A.D.2d 823 (Herbert 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

Herbert v. New York State Comptroller, 201 A.D.2d 823, 609 N.Y.S.2d 866, 1994 N.Y. App. Div. LEXIS 1176 (N.Y. Ct. App. 1994).

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 request for accidental disability retirement benefits.

There is substantial evidence in the record to support the conclusion by respondent Comptroller that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his duties as a police officer. The record contains conflicting medical opinions which were for the Comptroller to evaluate and he was free to credit one physician’s testimony over that of another.

Cardona, P. J., Mercure, Casey, Weiss and Yesawich Jr., 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 Comptroller which denied petitioner’s request for accidental disability retirement benefits.

There is substantial evidence in the record to support the conclusion by respondent Comptroller that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his duties as a police officer. The record contains conflicting medical opinions which were for the Comptroller to evaluate and he was free to credit one physician’s testimony over that of another.

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

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Bluebook (online)

201 A.D.2d 823, 609 N.Y.S.2d 866, 1994 N.Y. App. Div. LEXIS 1176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-v-new-york-state-comptroller-nyappdiv-1994.