Opinion
May 16, 1991
Appeal from the Supreme Court, Albany County.
The documentary evidence relied upon by the Comptroller in denying petitioner's claim for accidental disability retirement benefits constituted substantial evidence to support the determination (see, Matter of Odierno v Regan, 135 A.D.2d 898). To the extent that petitioner's version of the facts differed from the information set forth in the documentary evidence, this merely presented a question of credibility which was for the Comptroller to resolve (see, Matter of Hirsch v New York State Policemen's Firemen's Retirement Sys., 144 A.D.2d 196; see also, Matter of Herrmann v Levitt, 68 A.D.2d 957). We have considered petitioner's remaining contentions and reject them as lacking in merit.
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Levine, Mercure, Crew III and Harvey, JJ., concur.