Mendez v. DiNapoli

*1076We confirm. Pursuant to Retirement and Social Security Law § 363-c (b) (1), to be entitled to performance of duty disability retirement benefits, an applicant must establish that he or she is “[pJhysically or mentally incapacitated for performance of duty as the natural and proximate result of a disability . . . sustained in such service.” To that end, petitioner presented her testimony, her medical records and the testimony of psychologist Alan Goldstein. Goldstein opined that petitioner suffers from a permanent major depressive disorder that prevents her from performing both the regular…