MATTER OF LEADER v. NEW YORK STATE RET. SYS.


209 A.D.2d 804 (1994)

618 N.Y.S.2d 596

In the Matter of Theodore Leader, Petitioner, v. New York State Retirement System, Respondent

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

November 10, 1994


It is undisputed that petitioner is permanently incapacitated from performing his duties as a correction officer due to back problems. The record shows differing medical opinions as to the causes of petitioner's disability. It was the responsibility of the Comptroller to evaluate the conflicting medical evidence and he may accord more weight to the testimony of one physician than that of another. Here, in reviewing the medical evidence, the Comptroller concluded that petitioner...

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