Troidl v. McCall

Appellate Division of the Supreme Court of New York

Troidl v. McCall

212 A.D.2d 930, 623 N.Y.S.2d 178, 1995 N.Y. App. Div. LEXIS 1587

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

DecidedFebruary 16, 1995

StatusPublished

Cited by2 cases

This text of 212 A.D.2d 930 (Troidl 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

Troidl v. McCall, 212 A.D.2d 930, 623 N.Y.S.2d 178, 1995 N.Y. App. Div. LEXIS 1587 (N.Y. Ct. App. 1995).

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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.

There is substantial evidence in the record to support the determination denying petitioner’s application for accidental disability retirement benefits on the ground that petitioner failed to sustain his burden of proving that he is permanently incapacitated from performing his duties as the natural and proximate result of a 1991 accident which occurred while he was working. Although the record contains conflicting medical testimony on the issue of causation, it was for respondent to evaluate this testimony and he was free to accord greater weight to one expert’s opinion over another.

Mikoll, J. P., Crew III, White, Casey and Yesawich Jr., JJ., [931]*931concur. 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 which denied petitioner’s application for accidental disability retirement benefits.

There is substantial evidence in the record to support the determination denying petitioner’s application for accidental disability retirement benefits on the ground that petitioner failed to sustain his burden of proving that he is permanently incapacitated from performing his duties as the natural and proximate result of a 1991 accident which occurred while he was working. Although the record contains conflicting medical testimony on the issue of causation, it was for respondent to evaluate this testimony and he was free to accord greater weight to one expert’s opinion over another.

Mikoll, J. P., Crew III, White, Casey and Yesawich Jr., JJ., [931]*931concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

212 A.D.2d 930, 623 N.Y.S.2d 178, 1995 N.Y. App. Div. LEXIS 1587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troidl-v-mccall-nyappdiv-1995.

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