From Casetext: Smarter Legal Research

Majkut v. State

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1995
213 A.D.2d 961 (N.Y. App. Div. 1995)

Opinion

March 30, 1995

Appeal from the Supreme Court, Albany County.


Petitioner's application for disability retirement benefits under Retirement and Social Security Law article 15 was initially denied on the ground that she was not permanently incapacitated from the performance of her duties as a telecommunications specialist. After a hearing, the Comptroller found that there was insufficient medical evidence to warrant a finding that petitioner was permanently physically incapacitated from performing her duties as a dispatcher so as to entitle her to be retired for disability. The Comptroller, therefore, determined that petitioner had failed to sustain her burden of proving that she was physically or mentally incapacitated from the performance of gainful employment. A review of the record reveals substantial evidence to support the Comptroller's determination and it must, accordingly, be upheld.

Mercure, J.P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Majkut v. State

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1995
213 A.D.2d 961 (N.Y. App. Div. 1995)
Case details for

Majkut v. State

Case Details

Full title:In the Matter of JOANNE MAJKUT, Petitioner, v. STATE OF NEW YORK AND LOCAL…

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

Date published: Mar 30, 1995

Citations

213 A.D.2d 961 (N.Y. App. Div. 1995)
624 N.Y.S.2d 976