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MATTER OF GRAHAM v. REGAN

187 A.D.2d 866 (1992)

In the Matter of Robert F. Graham, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, et al., Respondents

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

November 12, 1992

There is substantial evidence in the record to support the conclusion by respondent Comptroller that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his job duties as a maintenance helper (see, Matter of Rovegno v Regan, 103 A.D.2d 877). The expert medical testimony was conflicting as to petitioner's diagnosis, treatment and prognosis. It was for the Comptroller to evaluate...

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