Van Pelt v. State Comptroller

Appellate Division of the Supreme Court of New York

Van Pelt v. State Comptroller

213 A.D.2d 944, 624 N.Y.S.2d 972, 1995 N.Y. App. Div. LEXIS 3048

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

DecidedMarch 23, 1995

StatusPublished

This text of 213 A.D.2d 944 (Van Pelt v. State Comptroller) 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

Van Pelt v. State Comptroller, 213 A.D.2d 944, 624 N.Y.S.2d 972, 1995 N.Y. App. Div. LEXIS 3048 (N.Y. Ct. App. 1995).

Pincite

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, inter alia, denied petitioner’s application for performance of duty disability retirement benefits.

Upon review of the record, we conclude that there is substantial evidence to support the determination denying petitioner’s application for performance of duty disability retirement benefits on the basis that petitioner failed to sustain his burden of proof that he is permanently incapacitated from the performance of his duties as a firefighter as a result of injuries he sustained while on duty. Significantly, the opinions of the various medical experts who examined petitioner were largely inconclusive as to the cause of petitioner’s disability. Accordingly, respondent’s determination must be upheld.

Cardona, P. J., Crew III, White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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, entered in Albany County) to review a determination of respondent which, inter alia, denied petitioner’s application for performance of duty disability retirement benefits.

Upon review of the record, we conclude that there is substantial evidence to support the determination denying petitioner’s application for performance of duty disability retirement benefits on the basis that petitioner failed to sustain his burden of proof that he is permanently incapacitated from the performance of his duties as a firefighter as a result of injuries he sustained while on duty. Significantly, the opinions of the various medical experts who examined petitioner were largely inconclusive as to the cause of petitioner’s disability. Accordingly, respondent’s determination must be upheld.

Cardona, P. J., Crew III, White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

213 A.D.2d 944, 624 N.Y.S.2d 972, 1995 N.Y. App. Div. LEXIS 3048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-pelt-v-state-comptroller-nyappdiv-1995.