Opinion
September 23, 1993
Appeal from the Supreme Court, Albany County.
There is substantial evidence to support respondent's determination that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his duties as a police officer (see, Matter of Valerioti v New York State Comptroller, State Local Employees' Retirement Sys., Policemen's Firemen's Retirement Sys., 186 A.D.2d 858). Petitioner's experts testified that petitioner had a permanently disabling lower back condition and that he was unable to function as a full-duty police officer. The physician for the New York State and Local Police and Fire Retirement System, however, reached a contrary conclusion. Based on his examination of petitioner, as well as a review of various tests performed on petitioner this expert was of the opinion that petitioner had a resolved lumbar sprain that would not prevent him from performing his duties. It was for respondent to evaluate and reject conflicting medical evidence and he was free to credit one physician's testimony over that of others (see, Matter of Newman v New York State Police Firemen's Retirement Sys., 186 A.D.2d 306, lv denied 81 N.Y.2d 701; Matter of Farinella v Pitt, 175 A.D.2d 977). The record before us supports respondent's discretion in denying the application for accidental disability retirement benefits based on the creditable expert testimony (see, Matter of Heavey v Regan, 161 A.D.2d 917). Petitioner's remaining arguments have been considered and rejected as unpersuasive.
Weiss, P.J., Mercure, Cardona, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.