MATTER OF DE GIACOMO v. REGAN


84 A.D.2d 629 (1981)

In the Matter of Michael A. De Giacomo, Jr., Petitioner, v. Edward V. Regan, as State Comptroller, et al., Respondents

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

October 22, 1981


The Comptroller denied petitioner's application upon the ground that the petitioner is not permanently incapacitated for the performance of his duties as a garage attendant. Contrary to petitioner's assertion, this determination should be confirmed. The record contains conflicting medical testimony, the evaluation of which by the Comptroller must be accepted (Matter of Sica v New York State Employees' Retirement System, 75 A.D.2d 927

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