Morrisey v. Regan

Appellate Division of the Supreme Court of New York

Morrisey v. Regan

175 A.D.2d 979, 573 N.Y.S.2d 786, 1991 N.Y. App. Div. LEXIS 11458

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

DecidedAugust 29, 1991

StatusPublished

This text of 175 A.D.2d 979 (Morrisey v. Regan) 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

Morrisey v. Regan, 175 A.D.2d 979, 573 N.Y.S.2d 786, 1991 N.Y. App. Div. LEXIS 11458 (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 respondent which denied petitioner’s application for accidental disability retirement benefits.

Contrary to petitioner’s contention, there is substantial evidence in the record to support respondent’s determination that she is not permanently disabled from performing her duties as a professor (see, Matter of DiFede v Regan, 130 AD2d 832). The medical evidence showed conflicting diagnoses as to the cause and extent of petitioner’s disability. It was for respondent to evaluate this medical evidence (see, Matter of Curley v Regan, 102 AD2d 939) and he could accord more weight to the opinion of one physician over another (see, Matter of Clay v Regan, 90 AD2d 625). Here, respondent could properly credit the opinion of the physician for the State Employees’ Retirement System that petitioner was not sufficiently disabled to prevent her from performing her occupation and that disability on the basis of her accident was not justified (see, supra). Petitioner’s remaining contention has been reviewed and found to be lacking in merit.

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

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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 accidental disability retirement benefits.

Contrary to petitioner’s contention, there is substantial evidence in the record to support respondent’s determination that she is not permanently disabled from performing her duties as a professor (see, Matter of DiFede v Regan, 130 AD2d 832). The medical evidence showed conflicting diagnoses as to the cause and extent of petitioner’s disability. It was for respondent to evaluate this medical evidence (see, Matter of Curley v Regan, 102 AD2d 939) and he could accord more weight to the opinion of one physician over another (see, Matter of Clay v Regan, 90 AD2d 625). Here, respondent could properly credit the opinion of the physician for the State Employees’ Retirement System that petitioner was not sufficiently disabled to prevent her from performing her occupation and that disability on the basis of her accident was not justified (see, supra). Petitioner’s remaining contention has been reviewed and found to be lacking in merit.

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

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Bluebook (online)

175 A.D.2d 979, 573 N.Y.S.2d 786, 1991 N.Y. App. Div. LEXIS 11458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrisey-v-regan-nyappdiv-1991.

Opinion

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