Opinion
November 20, 1997
Appeal from the Supreme Court, entered in Albany County.
Petitioner, a food service worker, was injured when she fell on milk crates which were being used as stairs at the door of her assigned work place. The record establishes that the injury occurred at the end of petitioner's shift as she was leaving for the day. In view of this, we find that substantial evidence supports respondent's determination denying petitioner's application for accidental disability retirement benefits on the ground that she was not "in service" at the time she was injured ( see, Matter of Nappi v. Regan, 186 A.D.2d 855, lv denied 81 N.Y.2d 703). Although petitioner testified that she was injured five minutes before the end of her shift while she was en route to another building to sign out, this testimony presented a credibility issue for respondent to resolve ( see, Matter of Martinson v. Regan, 176 A.D.2d 1121, 1121-1122).
Substantial evidence further supports the denial of petitioners application for ordinary disability retirement benefits. The report by the physician who examined petitioner on behalf of the New York State and Local Employees' Retirement System found no indication that petitioner had suffered either a neck or shoulder injury; the report also concluded that petitioner did not exhibit any significant functional disability which would render her unable to perform her work.
Mercure, J. P., White, Casey, Spain and Carpinello, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.