From Casetext: Smarter Legal Research

Kesick v. New York State & Local Employees' Retirement System

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 831 (N.Y. App. Div. 1999)

Opinion

January 14, 1999.


Substantial evidence supports the determination denying petitioner's application for accidental disability, retirement benefits on the ground that petitioner was not totally disabled from the performance of his duties as a police officer as a result of injuries sustained to his left knee. Based upon his physical examination of petitioner and review of his X rays, David Tucker, an orthopedic surgeon, opined that there was insufficient evidence to conclude that petitioner was permanently disabled from the performance of his duties and noted that petitioner's discomfort could be controlled by over-the-counter medication. We reject petitioner's contention that the counter-vailing medical evidence presented on his behalf was ignored. It is within the Comptroller's authority to assess the conflicting medical evidence and to accept one medical opinion over that of another ( see, Matter of Senecal v. McCall, 252 A.D.2d 632[ 252 A.D.2d 630]; Matter of Hamlet v. McCall, 222 A.D.2d 883). We accordingly find no reason to disturb the Comptroller's determination, notwithstanding, that there may be evidence in the record to support a contrary conclusion ( see, Matter of Spencer v. New York State Local Employees' Retirement Sys., 220 A.D.2d 792, 793).

Yesawich Jr., J. P., Peters, Spain, Carpinello and Graffeo, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Kesick v. New York State & Local Employees' Retirement System

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 831 (N.Y. App. Div. 1999)
Case details for

Kesick v. New York State & Local Employees' Retirement System

Case Details

Full title:IN THE MATTER OF PAUL KESICK, Petitioner, v. NEW YORK STATE AND LOCAL…

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

Date published: Jan 14, 1999

Citations

257 A.D.2d 831 (N.Y. App. Div. 1999)
683 N.Y.S.2d 645

Citing Cases

Trezza v. State

Finding that substantial evidence supports the Comptroller's determination, we confirm. "It is well…

Sweeney v. Hevesi

"It is well established that the Comptroller is vested with the authority to weigh conflicting medical…