Matter of Sica v. DiNapoli

McCarthy, J.R

(dissenting). In order to annul respondent’s determination, the majority-necessarily finds that respondent’s *802conclusion that petitioner suffered from “injuries [that] were the result of a risk inherent in the ordinary course of [petitioner’s] duties” was not supported by substantial evidence — that a reasonable mind could not reach that conclusion based on the record evidence. We disagree with the majority’s finding and, therefore, we respectfully dissent.

“This Court is not free to substitute its assessment of the . . . evidence for that of respondent, whose determinations must…