Opinion
August 29, 1991
Appeal from the Supreme Court, Albany County.
Contrary to petitioner's contention, there is substantial evidence in the record to support respondent's determination that she is not permanently disabled from performing her duties as a professor (see, Matter of DiFede v Regan, 130 A.D.2d 832). The medical evidence showed conflicting diagnoses as to the cause and extent of petitioner's disability. It was for respondent to evaluate this medical evidence (see, Matter of Curley v Regan, 102 A.D.2d 939) and he could accord more weight to the opinion of one physician over another (see, Matter of Clay v Regan, 90 A.D.2d 625). Here, respondent could properly credit the opinion of the physician for the State Employees' Retirement System that petitioner was not sufficiently disabled to prevent her from performing her occupation and that disability on the basis of her accident was not justified (see, supra). Petitioner's remaining contention has been reviewed and found to be lacking in merit.
Casey, J.P., Weiss, Yesawich Jr., Mercure and Harvey, JJ. Adjudged that the determination is confirmed, and petition dismissed, without costs.