Bilodeau v. McCall

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent denying petitioner’s application for disability retirement benefits.

Petitioner’s application for disability retirement benefits was denied on the ground that he was not permanently incapacitated from performing his duties as a heavy equipment operator. Significantly, respondent credited the opinion of the medical expert who testified on behalf of the New York State and Local Employees’ Retirement System that his examination of…