Opinion
May 11, 1989
Appeal from the Supreme Court, Albany County.
Respondent Comptroller denied petitioner's application for accidental disability retirement benefits with respondent New York State Policemen's and Firemen's Retirement System upon the ground that petitioner's September 25, 1985 accident was not the natural and proximate cause of his disability. Petitioner's only argument in this CPLR article 78 proceeding is that the Comptroller's determination is not supported by substantial evidence. We disagree.
Petitioner's orthopedic surgeon testified that the ankle injury of September 25, 1985 caused petitioner's entire condition and that he is permanently disabled from performing the duties of a police officer. In contrast, respondents' medical expert testified, without equivocation, that petitioner's disability was not related to the September 25, 1985 ankle injury. Instead, he attributed petitioner's disability to a preexisting degenerative condition of the ankle, together with obesity and hypertension. Thus, this matter presents nothing more than conflicting medical testimony concerning whether petitioner's accident was the natural and proximate cause of his disability. As this court has stated on many occasions, the Comptroller's evaluation of conflicting medical testimony must be accepted (Matter of Leone v Regan, 146 A.D.2d 869, 870; Matter of Poormon v Regan, 134 A.D.2d 659, 660; Matter of Curley v Regan, 102 A.D.2d 939; Matter of Sica v New York State Employees' Retirement Sys., 75 A.D.2d 927, 928, affd 52 N.Y.2d 941). Since the testimony of respondents' orthopedic specialist provides substantial evidence to support the Comptroller's determination, we must accept it.
Determination confirmed, and petition dismissed, without costs. Kane, J.P., Casey, Weiss, Levine and Mercure, JJ., concur.