Opinion
May 11, 1995
Appeal from the Supreme Court, Albany County.
There is substantial evidence in the record to support respondent's finding that petitioner failed to sustain her burden of proving that she was permanently incapacitated from performing her job duties as a community residence aide. No objective medical evidence of petitioner's disability was presented at the hearing. Moreover, to the extent the testimony of the medical experts differed concerning petitioner's ability to perform her job duties, it was for respondent to evaluate these conflicting opinions. Accordingly, respondent's determination must be upheld.
Cardona, P.J., Mercure, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.