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MATTER OF MAZUR v. REGAN

188 A.D.2d 820 (1992)

In the Matter of Robert A. Mazur, Petitioner, v. Edward V. Regan, as State Comptroller for The New York State Employees' Retirement System, Respondent

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

December 10, 1992

We find substantial evidence in the record to support respondent's conclusion that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his duties as the natural and proximate result of his February 1982 accident (see, Matter of DiFede v Regan, 130 A.D.2d 832). The testimony of petitioner's medical expert and that of the State and Local Employees' Retirement System differed...

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