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Matter of Sollas v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 942 (N.Y. App. Div. 1995)

Opinion

January 12, 1995

Appeal from the Supreme Court, Albany County.


Petitioner applied for accidental and ordinary disability retirement benefits and respondent Comptroller denied the applications, finding that petitioner was not permanently incapacitated from performing his employment duties. Medical evidence supports this determination. Although conflicting medical evidence was presented, it is within the Comptroller's exclusive authority to evaluate such conflicting evidence. We therefore find that his determination is supported by substantial evidence.

Cardona, P.J., Mercure, White, Casey and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Sollas v. McCall

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 942 (N.Y. App. Div. 1995)
Case details for

Matter of Sollas v. McCall

Case Details

Full title:In the Matter of RICHARD SOLLAS, SR., Petitioner, v. H. CARL McCALL, as…

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

Date published: Jan 12, 1995

Citations

211 A.D.2d 942 (N.Y. App. Div. 1995)
621 N.Y.S.2d 944

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