Mickens v. New York State Employees' Retirement System

Appellate Division of the Supreme Court of New York

Mickens v. New York State Employees' Retirement System

173 A.D.2d 1079, 571 N.Y.S.2d 896, 1991 N.Y. App. Div. LEXIS 7576

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

DecidedMay 16, 1991

StatusPublished

Cited by1 cases

This text of 173 A.D.2d 1079 (Mickens v. New York State Employees' Retirement System) 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.

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Mickens v. New York State Employees' Retirement System, 173 A.D.2d 1079, 571 N.Y.S.2d 896, 1991 N.Y. App. Div. LEXIS 7576 (N.Y. Ct. App. 1991).

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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 the Comptroller which denied petitioner’s application for accidental disability retirement benefits.

The documentary evidence relied upon by the Comptroller in denying petitioner’s claim for accidental disability retirement benefits constituted substantial evidence to support the determination (see, Matter of Odierno v Regan, 135 AD2d 898). To the extent that petitioner’s version of the facts differed from the information set forth in the documentary evidence, this merely presented a question of credibility which was for the Comptroller to resolve (see, Matter of Hirsch v New York State Policemen’s & Firemen’s Retirement Sys., 144 AD2d 196; see also, Matter of Herrmann v Levitt, 68 AD2d 957). We have considered petitioner’s remaining contentions and reject them as lacking in merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Levine, Mercure, Crew III and Harvey, JJ., concur.

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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 the Comptroller which denied petitioner’s application for accidental disability retirement benefits.

The documentary evidence relied upon by the Comptroller in denying petitioner’s claim for accidental disability retirement benefits constituted substantial evidence to support the determination (see, Matter of Odierno v Regan, 135 AD2d 898). To the extent that petitioner’s version of the facts differed from the information set forth in the documentary evidence, this merely presented a question of credibility which was for the Comptroller to resolve (see, Matter of Hirsch v New York State Policemen’s & Firemen’s Retirement Sys., 144 AD2d 196; see also, Matter of Herrmann v Levitt, 68 AD2d 957). We have considered petitioner’s remaining contentions and reject them as lacking in merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Levine, Mercure, Crew III and Harvey, JJ., concur.

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Bluebook (online)

173 A.D.2d 1079, 571 N.Y.S.2d 896, 1991 N.Y. App. Div. LEXIS 7576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mickens-v-new-york-state-employees-retirement-system-nyappdiv-1991.

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