MATTER OF ECKHARDT v. NEW YORK STATE POLICEMEN'S & FIREMEN'S RET. SYS.


84 A.D.2d 878 (1981)

In the Matter of Paul A. Eckhardt, Petitioner, v. New York State Policemen's and Firemen's Retirement System, Respondent

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

November 19, 1981


The Comptroller denied petitioner's application upon the ground that petitioner is not incapacitated for the performance of his duties as a police officer. This finding is supported by medical evidence in the record and, therefore, the Comptroller's determination should be confirmed. The instant record contains conflicting medical testimony, "the evaluation of which by the Comptroller must be accepted" (Matter of Yank v Levitt, 60 A.D.2d 665

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