Niles v. McCall

Appellate Division of the Supreme Court of New York

Niles v. McCall

211 A.D.2d 940, 621 N.Y.S.2d 945, 1995 N.Y. App. Div. LEXIS 234

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

DecidedJanuary 12, 1995

StatusPublished

This text of 211 A.D.2d 940 (Niles 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

Niles v. McCall, 211 A.D.2d 940, 621 N.Y.S.2d 945, 1995 N.Y. App. Div. LEXIS 234 (N.Y. Ct. App. 1995).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 [941]*941(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 disability retirement benefits.

Petitioner, a mental hygiene therapy aide, sustained back and leg injuries in 1989 in the course of her duties while escorting a mentally handicapped client onto a bus. Thereafter, respondent denied petitioner’s application for disability retirement benefits on the ground that petitioner failed to sustain her burden of proving that she would be permanently unable to perform her job duties. Contrary to petitioner’s contention, there. is substantial evidence in the record to support respondent’s determination. Furthermore, the Hearing Officer committed no error in refusing to permit petitioner to cross-examine a physician testifying on behalf of the State Retirement System regarding a certain medical report on the ground that it was not relevant. Petitioner’s remaining arguments have been considered and rejected.

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

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Proceeding pursuant to CPLR article 78 [941]*941(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 disability retirement benefits.

Petitioner, a mental hygiene therapy aide, sustained back and leg injuries in 1989 in the course of her duties while escorting a mentally handicapped client onto a bus. Thereafter, respondent denied petitioner’s application for disability retirement benefits on the ground that petitioner failed to sustain her burden of proving that she would be permanently unable to perform her job duties. Contrary to petitioner’s contention, there. is substantial evidence in the record to support respondent’s determination. Furthermore, the Hearing Officer committed no error in refusing to permit petitioner to cross-examine a physician testifying on behalf of the State Retirement System regarding a certain medical report on the ground that it was not relevant. Petitioner’s remaining arguments have been considered and rejected.

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

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Bluebook (online)

211 A.D.2d 940, 621 N.Y.S.2d 945, 1995 N.Y. App. Div. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niles-v-mccall-nyappdiv-1995.