Legal Opinion

Newman v. New York State Police & Firemen's Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided September 17, 1992PublishedCited by 7 opinions

1Opinion of the Court

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.

The record contains conflicting medical testimony on the question of whether petitioner was permanently incapacitated as the result of an injury to his lower back and right hip area which occurred while he was performing his duties as a police officer. It was within respondent Comptroller’s authority to *307evaluate the conflicting medical…

2Cases cited3 opinions

  1. Rubinski v. New York State & Local Police & Fire Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1989
  2. Colligan v. ReganAppellate Division of the Supreme Court of the State of New York · 1987
  3. Clay v. ReganAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by7 opinions

  1. Flynn v. ZaleskiAppellate Division of the Supreme Court of the State of New York · 1995
  2. McGarry v. McCallAppellate Division of the Supreme Court of the State of New York · 1996
  3. Newell v. ReganAppellate Division of the Supreme Court of the State of New York · 1994
  4. Figaro v. ConnorAppellate Division of the Supreme Court of the State of New York · 1996
  5. Kirby v. McCallAppellate Division of the Supreme Court of the State of New York · 1996

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