Stewart v. New York State & Local Employees' Retirement System

Lahtinen, J. (dissenting).

I respectfully dissent. Respondent Comptroller clearly can weigh and choose between conflicting medical opinions that are each premised upon substantial evidence (see Matter of Collins v New York State & Local Retirement Sys., 5 AD3d 817, 818 [2004]; Matter of Flynn v McCall, 1 AD3d 686, 687 [2003]). And, we apply a deferential standard on appellate review when the Comptroller has made a choice among conflicting medical evidence, upholding his “determination if supported by credible evidence ‘in the form of an articulated, rational, and fact-based medical opinion’ ”…