MATTER OF KHODADADI v. LEVITT


72 A.D.2d 875 (1979)

In the Matter of Khodayar Khodadadi, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York and Head of the New York State Employees' Retirement System, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1979


The Comptroller is vested with exclusive authority to determine applications for retirement (Retirement and Social Security Law, § 74), and "`If reasonable minds might fairly differ' as to whether there was or was not an accident, `the Comptroller's independent judgment must be accepted'" (Matter of Croshier v Levitt, 5 N.Y.2d 259, 265). Since there is evidence in the record from which the Comptroller could conclude that petitioner...

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