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Matter of Foster v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 642 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner's request for performance of duty disability retirement benefits.

Petitioner, a police officer, was injured when he moved a case of flares and, thereafter, applied for performance of duty disability retirement benefits. Respondent denied petitioner's application upon a finding that petitioner was not permanently incapacitated from performing his duties as a police officer. It was for respondent to evaluate the conflicting medical testimony presented by the medical experts and accept the opinion of one medical expert over the other ( see, Matter of McGarry v. McCall, 234 A.D.2d 886, 887). Inasmuch as the medical expert called on behalf of the New York State and Local Police and Fire Retirement System testified that, based on his examination of petitioner, petitioner was not permanently incapacitated from performing his duties as a police officer, we find that substantial evidence supports respondent's determination ( see, Matter of Hassett v Regan, 119 A.D.2d 954) and it must, accordingly, be confirmed.

Cardona, P.J., Mikoll, Crew III, White and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Foster v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 642 (N.Y. App. Div. 1997)
Case details for

Matter of Foster v. McCall

Case Details

Full title:In the Matter of RODNEY M. FOSTER, II, Petitioner, v. H. CARL McCALL, as…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 642 (N.Y. App. Div. 1997)
656 N.Y.S.2d 955

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