Clay v. Regan
Opinion
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 applications for accidental and ordinary disability retirement benefits. Petitioner was employed by the Suffolk County Health Department as a home health aide when she was involved in an automobile accident while traveling to a patient’s home on October 7, 1975. She thereafter filed applications for accidental and ordinary disability retirement benefits alleging that as a result of the accident she was permanently incapacitated from performing her duties as a home health aide. The Comptroller, finding no permanent incapacitation, denied these applications and the present proceeding ensued. Petitioner’s sole argument concerns the weight accorded by the Comptroller to the testimony of the medical experts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.