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Matter of Smith v. Regan

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 918 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the Supreme Court, Albany County.


Although petitioner's physician testified that, in his opinion, good cause existed for petitioner's failure to timely file for accidental disability retirement benefits, he could not say with a reasonable degree of medical certainty that petitioner was unable to properly function during the entire 30 days following the May 17, 1978 incident. Furthermore, the physician did not evaluate petitioner until approximately three years after the incident had occurred. Under the circumstances, the rejection by respondent of petitioner's claim that his psychiatric disability prevented him from timely filing is supported by substantial evidence and should not be disturbed (see, Matter of Heath v Regan, 95 A.D.2d 896; Matter of Nizzico v New York State Policemen's Firemen's Retirement Sys., 46 A.D.2d 717; see also, Matter of Taylor v Regan, 103 A.D.2d 884). Petitioner's remaining contentions have been considered and have been found to be lacking in merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Casey, Levine, Mercure and Harvey, JJ., concur.


Summaries of

Matter of Smith v. Regan

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 918 (N.Y. App. Div. 1991)
Case details for

Matter of Smith v. Regan

Case Details

Full title:In the Matter of RAYMOND C. SMITH, Petitioner, v. EDWARD V. REGAN, as…

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 918 (N.Y. App. Div. 1991)
566 N.Y.S.2d 788