Opinion
October 22, 1981
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller, which denied petitioner's application for accidental disability retirement. The Comptroller denied petitioner's application upon the ground that the petitioner is not permanently incapacitated for the performance of his duties as a garage attendant. Contrary to petitioner's assertion, this determination should be confirmed. The record contains conflicting medical testimony, the evaluation of which by the Comptroller must be accepted (Matter of Sica v. New York State Employees' Retirement System, 75 A.D.2d 927, affd 52 N.Y.2d 941; Matter of Mathews v. Regan, 69 A.D.2d 970, 971, mot for lv to app den 48 N.Y.2d 610; Matter of D'Agostino v. Levitt, 68 A.D.2d 1008). Petitioner also contends that the hearing officer erroneously applied a substantial evidence standard in reviewing the Comptroller's initial determination denying benefits. This contention is without merit. Subdivision 1 of section 306 A.P.A. of the State Administrative Procedure Act provides for the application of the substantial evidence standard by an agency conducting an adjudicatory hearing (cf. Martinez v. Blum, 624 F.2d 1). Finally, petitioner argues that the hearing officer prejudged the credibility of respondents' expert. A review of the record, however, does not support this assertion. Determination confirmed, and petition dismissed, without costs. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Herlihy, JJ., concur.