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 Comptroller which denied petitioner’s application for accidental disability retirement benefits.
Petitioner, a former Town of Clarkstown police lieutenant in Rockland County, filed an application for accidental disability retirement benefits with respondent New York State Policemen’s and Firemen’s Retirement System, alleging that he
Testifying on petitioner’s behalf at the hearing was Dr. David Weber, a board-certified psychiatrist, who basically testified that petitioner is permanently disabled and suffers from a posttraumatic stress disorder brought about by the auto collision with the other police car on December 23, 1985 that occurred prior to the shooting incident. According to Weber, this collision was the "last straw” for petitioner, after a series of personal and professional crises, which caused petitioner "to snap”. In contrast to this testimony, Dr. George Joseph, also a board-certified psychiatrist who examined petitioner at the Retirement System’s request, testified that petitioner is permanently disabled and principally diagnosed the disabling condition as major recurrent depression emanating from the "total picture” of petitioner’s personal and professional experiences, rather than from any one event as opined by Weber. Joseph disagreed that petitioner suffered from a posttraumatic stress disorder.
The Hearing Officer denied petitioner’s application, conclud- . ing that his disability was not caused by an "accident” within the meaning of Retirement and Social Security Law § 363. Respondent Comptroller agreed and also denied his applica
We confirm. The sole issue presented in this proceeding is whether there is substantial evidence in the record to support the Comptroller’s finding that petitioner’s disability is not the natural end result of an accident sustained in his service as a policeman in Clarkstown’s police department. The testimony of the Retirement System’s medical expert provided sufficient support for that finding. When, as here, the Comptroller is faced with conflicting medical opinions, it is well within his discretion to accord more weight to the testimony of one physician over another (see, Matter of Perritano v Regan, 120 AD2d 867, 868). "This court has consistently ruled that determinations as to the credibility of witnesses is within the sole power of the Comptroller and will not be disturbed on judicial review if rationally based” (Matter of Pezzulo v Regan, 152 AD2d 795, 796; see, Matter of Peterson v Regan, 144 AD2d 843).
Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Kane, Weiss, Mercure and Harvey, JJ., concur.
