MATTER OF MALINOWSKI v. REGAN


203 A.D.2d 874 (1994)

612 N.Y.S.2d 965

In the Matter of Robert Malinowski, Petitioner, v. Edward V. Regan, as Comptroller of New York State, Respondent

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

April 28, 1994


We find that there is substantial evidence in the record to support respondent's determination that petitioner failed to sustain his burden of proving (1) that he is permanently incapacitated from the performance of his duties as a public safety officer, or (2) that any condition of which he may suffer is the natural and proximate result of injuries allegedly sustained by him on February 15, 1985. While the record contains conflicting medical opinions, respondent was free...

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