Morrisey v. New York State & Local Police & Firemen Retirement System

Mercure, J. (dissenting).

We respectfully dissent. By statute, the Comptroller is granted authority to determine eligibility for accidental disability retirement benefits (see, Retirement and Social Security Law § 374 [b]; see also, Matter of Heavey v Regan, 161 AD2d 917, 918; Matter of Leone v Regan, 146 AD2d 869, 870). As such, that officer is vested with exclusive authority to evaluate, weigh and make a choice between conflicting medical opinions, and this Court is bound by that determination so long as it is supported by substantial evidence (see, Matter of Sledge v New York State Police &…