Matter of Herbert v. New York St. Comptroller

Full title: In the Matter of WILLIAM HERBERT, Petitioner, v. NEW YORK STATE…

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

Date published: Feb 10, 1994

201 A.D.2d 823 (N.Y. App. Div. 1994)

609 N.Y.S.2d 866

Opinion

February 10, 1994

Appeal from the Supreme Court, Albany County.

There is substantial evidence in the record to support the conclusion by respondent Comptroller that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his duties as a police officer. The record contains conflicting medical opinions which were for the Comptroller to evaluate and he was free to credit one physician's testimony over that of another.

Cardona, P.J., Mercure, Casey, Weiss and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.