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MATTER OF NEWMAN v. NEW YORK STATE POLICE & FIREMEN'S RET. SYS.

186 A.D.2d 306 (1992)

In the Matter of Philip T. Newman, Petitioner, v. New York State Police and Firemen's Retirement System et al., Respondents

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

September 17, 1992

The record contains conflicting medical testimony on the question of whether petitioner was permanently incapacitated as the result of an injury to his lower back and right hip area which occurred while he was performing his duties as a police officer. It was within respondent Comptroller's authority to evaluate the conflicting medical evidence (see, Matter of Clay v Regan, 90 A.D.2d 625

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