Opinion
2015–11049 Index No. 2560/15
12-13-2017
In the Matter of John CAMPO, petitioner, v. CITY OF MOUNT VERNON, et al., respondents.
Bartlett, McDonough & Monaghan, LLP, White Plains, N.Y. (Nicholas Switach of counsel), for petitioner. Coughlin & Gerhart, LLP, Binghamton, N.Y. (Paul J. Sweeney and Edward O. Sweeney of counsel), for respondents.
Bartlett, McDonough & Monaghan, LLP, White Plains, N.Y. (Nicholas Switach of counsel), for petitioner.
Coughlin & Gerhart, LLP, Binghamton, N.Y. (Paul J. Sweeney and Edward O. Sweeney of counsel), for respondents.
REINALDO E. RIVERA, J.P., SHERI S. ROMAN, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the City of Mount Vernon Police Department dated April 15, 2015, which, after a hearing, denied the petitioner's application for benefits pursuant to General Municipal Law § 207–c.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Judicial review of an administrative determination made after a hearing at which evidence is taken pursuant to direction of law is limited to a consideration of whether that determination was supported by substantial evidence upon the whole record (see Matter of Reed v. Raynor, 151 A.D.3d 730, 56 N.Y.S.3d 259 ; Matter of Congregation K'hal Torath Chaim, Inc. v. Rockland County Bd. of Health, 148 A.D.3d 1145, 50 N.Y.S.3d 456 ; Matter of Rosario v. Municipal Hous. Auth. for City of Yonkers, 141 A.D.3d 664, 665, 35 N.Y.S.3d 454 ). The determination of the Commissioner of the City of Mount Vernon Police Department (hereinafter the Commissioner) denying the petitioner's application for benefits pursuant to General Municipal Law § 207–c was supported by substantial evidence in the record. While workers' compensation benefits are intended to be dispensed regardless of fault for any injury arising out of and in the course of one's employment, General Municipal Law § 207–c benefits apply to a narrower class of work-related injury, relative to the performance of law enforcement duties (see Matter of Diegelman v. City of Buffalo , 28 N.Y.3d 231, 236, 43 N.Y.S.3d 803, 66 N.E.3d 673 ). To be entitled to General Municipal Law § 207–c benefits, a covered municipal employee must prove a direct causal relationship between job duties and the resulting illness or injury (see Matter of Schafer v. Reilly, 3 N.Y.3d 691, 784 N.Y.S.2d 1, 817 N.E.2d 818 ; Matter of Theroux v. Reilly, 1 N.Y.3d 232, 243–244, 771 N.Y.S.2d 43, 803 N.E.2d 364 ; Matter of Lynn v. Town of Clarkstown, 131 A.D.3d 968, 16 N.Y.S.3d 576 ). The petitioner failed to prove that such a relationship existed here.
Furthermore, credibility determinations as to the testimony of the parties' respective medical witnesses, including their qualifications and the weight to be given their testimony, are matters within the sole province of the administrative factfinder (see Matter of Nisi v. New York State Dept. of Health, 70 A.D.3d 1211, 1213, 894 N.Y.S.2d 245; Matter of Kosich v. New York State Dept. of Health, 49 A.D.3d 980, 984, 854 N.Y.S.2d 551 ). When there is conflicting evidence or different inferences may be drawn, the duty of weighing the evidence and making the choice rests solely upon the administrative agency. The courts may not weigh the evidence or reject the choice made by the agency where the evidence is conflicting and room for choice exists (see Matter of Reed v. Raynor, 151 A.D.3d at 730, 56 N.Y.S.3d 259; Matter of Armbruster v. Cassano, 149 A.D.3d 729, 730, 51 N.Y.S.3d 573 ; Matter of Antrobus v. Lee, 140 A.D.3d 745, 745–746, 30 N.Y.S.3d 882 ). Here, the Deputy Commissioner, who conducted the hearing, credited the testimony of the City's medical expert as to causation, and there is no basis to disturb that determination.
RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.