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Matter of Bilodeau v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 844 (N.Y. App. Div. 1997)

Opinion

June 12, 1997


Petitioner's application for disability retirement benefits was denied on the ground that he was not permanently incapacitated from performing his duties as a heavy equipment operator. Significantly, respondent credited the opinion of the medical expert who testified on behalf of the New York State and Local Employees' Retirement System that his examination of petitioner revealed no objective finding of any neurological impingement and that the injury to petitioner's back did not permanently disable him from performing his duties. Given respondent's authority to credit this testimony over the contrary proof offered by petitioner's expert, we find that the determination is supported by substantial evidence (see, Matter of Mitchell v. McCall, 234 A.D.2d 879).

Petitioner's remaining contentions have been reviewed and found to be lacking in merit.

Cardona, P.J., Mikoll, White, Yesawich Jr. and Peters, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Bilodeau v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 844 (N.Y. App. Div. 1997)
Case details for

Matter of Bilodeau v. McCall

Case Details

Full title:In the Matter of TREVOR R. BILODEAU, Petitioner, v. H. CARL McCALL, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 12, 1997

Citations

240 A.D.2d 844 (N.Y. App. Div. 1997)
659 N.Y.S.2d 797

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