Khodadadi v. Levitt

Appellate Division of the Supreme Court of New York

Khodadadi v. Levitt

72 A.D.2d 875, 421 N.Y.S.2d 947, 1979 N.Y. App. Div. LEXIS 14164

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

DecidedNovember 21, 1979

StatusPublished

This text of 72 A.D.2d 875 (Khodadadi v. Levitt) 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

Khodadadi v. Levitt, 72 A.D.2d 875, 421 N.Y.S.2d 947, 1979 N.Y. App. Div. LEXIS 14164 (N.Y. Ct. App. 1979).

Pincite

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 accidental disability retirement benefits. The Comptroller is vested with exclusive authority to determine applications for retirement (Retirement and Social Security Law, § 74), and " 'If reasonable minds might fairly differ’ as to whether there was or was not an accident, 'the Comptroller’s independent judgment must be accepted’ ” (Matter of Croshier v Levitt, 5 NY2d 259, 265). Since there is evidence in the record from which the Comptroller could conclude that petitioner’s disability resulted from physical strain in the ordinary performance of his duties, the denial of petitioner’s application for accidental disability benefits must be confirmed (Matter of Déos v Levitt, 62 AD2d 1121). Determination confirmed, and petition dismissed, without costs. Ma-honey, P. J., Greenblott, Staley, Jr., Main and Mikoll, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

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 accidental disability retirement benefits. The Comptroller is vested with exclusive authority to determine applications for retirement (Retirement and Social Security Law, § 74), and " 'If reasonable minds might fairly differ’ as to whether there was or was not an accident, 'the Comptroller’s independent judgment must be accepted’ ” (Matter of Croshier v Levitt, 5 NY2d 259, 265). Since there is evidence in the record from which the Comptroller could conclude that petitioner’s disability resulted from physical strain in the ordinary performance of his duties, the denial of petitioner’s application for accidental disability benefits must be confirmed (Matter of Déos v Levitt, 62 AD2d 1121). Determination confirmed, and petition dismissed, without costs. Ma-honey, P. J., Greenblott, Staley, Jr., Main and Mikoll, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

72 A.D.2d 875, 421 N.Y.S.2d 947, 1979 N.Y. App. Div. LEXIS 14164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khodadadi-v-levitt-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack