Chaffin v. Regan

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 ordinary disability retirement benefits.

The record shows two different medical opinions as to whether petitioner was permanently incapacitated from performing his duties as a truck driver. It is well settled that the evaluation of conflicting medical evidence by respondent *1081Comptroller must be accepted (Matter of Curley v Regan, 102 AD2d 939) and he may accord more weight to the…