Mulvaney v. DiNapoli
Cases that cite this one
7 later published cases cite this decision.
- Matter of Rawson v. DiNapoli (Appellate Division of the Supreme Court of New York 2017)
- Matter of Keitel v. DiNapoli (Appellate Division of the Supreme Court of New York 2017)
- Matter of Jackson v. Barber (Appellate Division of the Supreme Court of New York 2015)
- Carmody-Kapral v. New York State (Appellate Division of the Supreme Court of New York 2013)
- Carmody-Kapral v. New York State (Appellate Division of the Supreme Court of New York 2013)
- Calhoun v. New York State & Local Employees' Retirement System (Appellate Division of the Supreme Court of New York 2013)
- Calhoun v. New York State & Local Employees' Retirement System (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Respondent is authorized to “resolve conflicts in the medical evidence and to credit one expert’s opinion over that of another, so long as the credited expert articulates a rational and fact-based opinion founded upon a physical examination and review of the pertinent medical records” (Matter of Freund v Hevesi, 34 AD3d 950, 950 [2006]). Inasmuch as the opinion of the Retirement System’s expert meets this criteria, respondent’s determination is supported by substantial evidence and, hence, will not be disturbed (see Matter of Ragno v DiNapoli, 68 AD3d 1342, 1344 [2009]; Matter of Maori v DiNapoli, 56 AD3d 936, 937 [2008]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.