Matter of Hirsch v. N.Y. St. Policemen's

Full title: In the Matter of JOSEPH F. HIRSCH, Petitioner, v. NEW YORK STATE…

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

Date published: Oct 27, 1988

144 A.D.2d 196 (N.Y. App. Div. 1988)

Opinion

October 27, 1988

Appeal from the Supreme Court, Albany County.

Casey, J.

The only issue presented in this proceeding is whether there is substantial evidence in the record to support respondent Comptroller's finding that petitioner's disability is not the natural and proximate result of an accident sustained in his service as a police officer. The testimony of respondents' expert clearly constitutes the necessary substantial evidence to support the finding. The testimony of petitioner's expert, to the extent that it conflicted with the opinion expressed by respondents' expert, presented a question of credibility which was for the Comptroller to resolve (see, Matter of Colligan v. Regan, 128 A.D.2d 928, 929).

Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.