Opinion
April 28, 1994
Appeal from the Supreme Court, Albany County.
There is substantial evidence in the record to support respondent's conclusion that petitioner is not permanently incapacitated from performing her duties as a nurse. The conflicting medical evidence on this point was for respondent to evaluate and resolve. Accordingly, his decision denying petitioner's claim for disability retirement benefits must be upheld. Petitioner's remaining arguments have been considered and rejected as unpersuasive.
Mikoll, J.P., Mercure, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.