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Matter of Marin v. N.Y. St. Employees'

Appellate Division of the Supreme Court of New York, Third Department
Nov 25, 1981
84 A.D.2d 896 (N.Y. App. Div. 1981)

Opinion

November 25, 1981


Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner's application for accidental disability retirement benefits. Petitioner filed an application for accidental disability retirement benefits based on an incident which occurred on May 8, 1975. Petitioner claims he sustained an accidental injury on that date which rendered him physically incapable of performing his duties as an employment interviewer with the State Department of Labor. The Comptroller ultimately found that although petitioner sustained an accident within the meaning of section 63 Retire. Soc. Sec. of the Retirement and Social Security Law, he was not permanently incapacitated from the performance of his duties as a result of his injuries. Petitioner commenced this transferred article 78 proceeding to challenge the denial of his application by the Comptroller. This case presents nothing more than conflicting medical testimony concerning whether petitioner's accident rendered him physically disabled from performing his duties as an employment interviewer. As we have stated on many occasions, the Comptroller's evaluation of conflicting medical testimony must be accepted (see, e.g., Matter of D'Amato v. Regan, 81 A.D.2d 733; Matter of Mathews v Regan, 69 A.D.2d 970, mot for lv to app den 48 N.Y.2d 610). Accordingly, since the testimony of the retirement system's physician supports the Comptroller's conclusion that petitioner is not disabled, the determination denying petitioner's retirement application is supported by substantial evidence and must be confirmed. Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Sweeney, Main, Mikoll and Yesawich, Jr., JJ., concur.


Summaries of

Matter of Marin v. N.Y. St. Employees'

Appellate Division of the Supreme Court of New York, Third Department
Nov 25, 1981
84 A.D.2d 896 (N.Y. App. Div. 1981)
Case details for

Matter of Marin v. N.Y. St. Employees'

Case Details

Full title:In the Matter of GILBERTO MARIN, Petitioner, v. NEW YORK STATE EMPLOYEES…

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

Date published: Nov 25, 1981

Citations

84 A.D.2d 896 (N.Y. App. Div. 1981)

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