Opinion
June 5, 1997
Petitioner applied for performance of duty disability retirement benefits after sustaining injuries to his back on two separate occasions while performing his duties as a police officer. His application was denied on the ground that he failed to prove that he was permanently incapacitated from performing his duties. The orthopedic expert presented on behalf of the New York State and Local Police and Fire Retirement System testified that his examination of petitioner revealed no objective medical evidence to indicate that petitioner was permanently disabled. Although petitioner's medical expert testified to the contrary, it is within respondent's authority to evaluate and resolve conflicting medical testimony (see, Matter of Zolzer v. New York State Comptroller, N.Y. State Local Employees' Retirement Sys. Police Fire Retirement Sys., 196 A.D.2d 934, 935). Accordingly, we find no reason to disturb the determination.
Mikoll, J.P., Mercure, Casey, Peters and Spain, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.