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Matter of Van Pelt v. State Comptroller

Appellate Division of the Supreme Court of New York, Third Department
Mar 23, 1995
213 A.D.2d 944 (N.Y. App. Div. 1995)

Opinion

March 23, 1995

Appeal from the Supreme Court, Albany County.


Upon review of the record, we conclude that there is substantial evidence to support the determination denying petitioner's application for performance of duty disability retirement benefits on the basis that petitioner failed to sustain his burden of proof that he is permanently incapacitated from the performance of his duties as a firefighter as a result of injuries he sustained while on duty. Significantly, the opinions of the various medical experts who examined petitioner were largely inconclusive as to the cause of petitioner's disability. Accordingly, respondent's determination must be upheld.

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


Summaries of

Matter of Van Pelt v. State Comptroller

Appellate Division of the Supreme Court of New York, Third Department
Mar 23, 1995
213 A.D.2d 944 (N.Y. App. Div. 1995)
Case details for

Matter of Van Pelt v. State Comptroller

Case Details

Full title:In the Matter of WARREN VAN PELT, Petitioner, v. STATE COMPTROLLER, on…

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

Date published: Mar 23, 1995

Citations

213 A.D.2d 944 (N.Y. App. Div. 1995)
624 N.Y.S.2d 972