Yank v. Levitt

Appellate Division of the Supreme Court of New York

Yank v. Levitt

60 A.D.2d 665, 400 N.Y.S.2d 211, 1977 N.Y. App. Div. LEXIS 14677

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

DecidedDecember 1, 1977

StatusPublished

Cited by3 cases

This text of 60 A.D.2d 665 (Yank v. Levitt) 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

Yank v. Levitt, 60 A.D.2d 665, 400 N.Y.S.2d 211, 1977 N.Y. App. Div. LEXIS 14677 (N.Y. Ct. App. 1977).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to annul a determination of the State Comptroller disapproving petitioner’s application for accidental disability retirement. The Comptroller denied petitioner’s application upon the ground that the petitioner is not incapacitated for performance of his duties as a police chief as the natural and proximate [666]*666result of the accident he sustained on March 31, 1971 in which his right knee was injured. This finding is supported by medical testimony in the record and, thus, the Comptroller’s determination should be confirmed. The record contains conflicting medical testimony, the evaluation of which by the Comptroller must be accepted (Matter of Clark v Levitt, 50 AD2d 695). Determination confirmed, and petition dismissed, without costs. Greenblott, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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 at Special Term, entered in Albany County) to annul a determination of the State Comptroller disapproving petitioner’s application for accidental disability retirement. The Comptroller denied petitioner’s application upon the ground that the petitioner is not incapacitated for performance of his duties as a police chief as the natural and proximate [666]*666result of the accident he sustained on March 31, 1971 in which his right knee was injured. This finding is supported by medical testimony in the record and, thus, the Comptroller’s determination should be confirmed. The record contains conflicting medical testimony, the evaluation of which by the Comptroller must be accepted (Matter of Clark v Levitt, 50 AD2d 695). Determination confirmed, and petition dismissed, without costs. Greenblott, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

60 A.D.2d 665, 400 N.Y.S.2d 211, 1977 N.Y. App. Div. LEXIS 14677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yank-v-levitt-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack