Legal Opinion

D'Amato v. Regan

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

Decided April 30, 1981PublishedCited by 4 opinions

1Opinion of the Court

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s application for ordinary disability retirement. Inasmuch as the evaluation of conflicting medical testimony is for the Comptroller (see, e.g., Matter of Vasquez v Altman, 80 AD2d 701), the instant determination must be confirmed. Determination confirmed, and petition dismissed, without costs. Sweeney, J.P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.

2Cases cited1 opinion

  1. Vasquez v. AltmanAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by4 opinions

  1. Marin v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1981
  2. Murgia v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
  3. Goldsmith v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
  4. Lees v. ReganAppellate Division of the Supreme Court of the State of New York · 1982