Opinion
June 4, 1990
Appeal from the Supreme Court, Westchester County (West, J.).
Ordered that the judgment is affirmed, with costs.
We find that there is substantial evidence in this record to support the determination by the respondent village that the petitioner's disability was not the result of an injury incurred during the performance of his duties as a police officer (see generally, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). Although the evidence provided by the parties' respective medical experts was conflicting, the duty of weighing that evidence and making a choice among conflicting versions rested with the agency involved, not with the court (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436; Matter of Moorehead v. New York City Tr. Auth., 147 A.D.2d 569; Matter of Butler v. Regan, 134 A.D.2d 698).
We find that the petitioner's remaining contention is without merit. Kooper, J.P., Harwood, Balletta and Miller, JJ., concur.