Legal Opinion
De Giacomo v. Regan
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1981PublishedCited by 2 opinions
1Opinion 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 State Comptroller, which denied petitioner’s application for accidental disability retirement. The Comptroller denied petitioner’s application upon the ground that the petitioner is not permanently incapacitated for the performance of his duties as a garage attendant. Contrary to petitioner’s assertion, this determination should be confirmed. The record contains conflicting medical testimony, the evaluation of which by the…
2Cases cited4 opinions
- Sica v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1980
- Matter of Sica v. New York State Employees'ret. Sys.New York Court of Appeals · 1981
- Mathews v. ReganAppellate Division of the Supreme Court of the State of New York · 1979
- D'Agostino v. LevittAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by2 opinions
- Foresta v. New York State Policemen's & Firemen's Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1983
- Root v. ReganAppellate Division of the Supreme Court of the State of New York · 1982