Graham 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 request for ordinary disability retirement benefits.

There is substantial evidence in the record to support the conclusion by respondent Comptroller that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his job duties as a maintenance helper (see, Matter of Rovegno v Regan, 103 AD2d 877). The expert medical testimony was conflicting as to…