Opinion
December 8, 1994
Appeal from the Supreme Court, Albany County.
By separate determinations, respondent denied petitioner's applications for accidental and ordinary disability retirement benefits. In each determination, respondent concluded that petitioner was not permanently incapacitated from performing the duties of his employment as a sanitation man. Respondent's expert testified that although petitioner suffered from a condition known as chondromalacia of the joint in the right knee, which might cause some pain after a day's work, the condition did not permanently incapacitate petitioner from the performance of his duties. The testimony of respondent's expert provides substantial evidence to support respondent's determinations and, therefore, they must be confirmed (see, Matter of Ramseur v Regan, 154 A.D.2d 869).
Mikoll, J.P., Crew III and Peters, JJ., concur. Adjudged that the determinations are confirmed, without costs, and petition dismissed.