Mitchell v. McCall

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, *880entered in Albany County) to review a determination of respondent which denied petitioner’s request for disability retirement benefits.

There is substantial evidence in the record to support respondent’s finding that petitioner failed to sustain her burden of proving that she was permanently incapacitated from performing her duties as a Social Worker Assistant II at a psychiatric center. While there was some conflict in the testimony given by petitioner’s treating chiropractor and that of the…