Palmer v. McCall

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Appellate Division, Fourth Department) to review a determination of respondent which denied petitioner’s application for accidental disability retirement benefits.

Although the record contains conflicting expert medical evidence on the issue of petitioner’s permanent incapacitation from the performance of her duties as a correction lieutenant, it is not clear from respondent’s determination whether respondent exercised its authority to resolve that conflict. Rather, it appears that respondent relied on the legal…