History
  • No items yet
midpage
Van Pelt v. State Comptroller
1995 N.Y. App. Div. LEXIS 3048
| N.Y. App. Div. | 1995
|
Check Treatment

—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 which, inter alia, denied petitioner’s application for performance of duty disability retirement benefits.

Upon review of the record, we conclude that there is substantial evidence to support the determination denying petitioner’s application for performance of duty disability retirement benefits on the basis that petitioner failed to sustain his burden of proof that he is permanently incapacitated from the performance of his duties as a firefighter as a result of injuries he sustained while on duty. Significantly, the opinions of the various medical experts who examined petitioner were largely inconclusive as to the cause of petitioner’s disability. Accordingly, respondent’s determination must be upheld.

Cardona, P. J., Crew III, White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Case Details

Case Name: Van Pelt v. State Comptroller
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 23, 1995
Citation: 1995 N.Y. App. Div. LEXIS 3048
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.