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Matter of Kubica v. N.Y. St. Emp. Retire. Sys

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 917 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the Supreme Court, Albany County.


The record contains conflicting medical opinions as to petitioner's physical condition and her claim that she was unable to return to her job as a food service worker due to chronic disc problems. The Comptroller's evaluation of such conflicting opinions must be accepted, however, and he may accord more weight to the opinion of one physician over another (see, Matter of McGrath v Regan, 109 A.D.2d 1007). Here, he could properly credit the opinion of respondent's physician who stated that petitioner was not permanently disabled and was capable of returning to work (see, Matter of Clay v Regan, 90 A.D.2d 625). Accordingly, since the determination here is supported by substantial evidence, it must be upheld (see, supra).

Determination confirmed, and petition dismissed, without costs. Casey, J.P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.


Summaries of

Matter of Kubica v. N.Y. St. Emp. Retire. Sys

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 917 (N.Y. App. Div. 1991)
Case details for

Matter of Kubica v. N.Y. St. Emp. Retire. Sys

Case Details

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

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 917 (N.Y. App. Div. 1991)
566 N.Y.S.2d 787

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