Appellate Division of the Supreme Court of New York, 1981

D'Amato v. Regan

D'Amato v. Regan
Appellate Division of the Supreme Court of New York · Decided April 30, 1981
81 A.D.2d 733; 441 N.Y.S.2d 1013; 1981 N.Y. App. Div. LEXIS 11292
D'Amato v. Regan

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for ordinary disability retirement. Inasmuch as the evaluation of conflicting medical testimony is for the Comptroller (see, e.g., Matter of Vasquez v Altman, 80 AD2d 701), the instant determination must be confirmed. Determination confirmed, and petition dismissed, without costs. Sweeney, J.P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.

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