MATTER OF FLETCHER v. McCALL


215 A.D.2d 860 (1995)

626 N.Y.S.2d 980

In the Matter of Mae C. Fletcher, Petitioner, v. H. Carl McCall, as State Comptroller, Respondent

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

May 11, 1995


There is substantial evidence in the record to support respondent's finding that petitioner failed to sustain her burden of proving that she was permanently incapacitated from performing her job duties as a community residence aide. No objective medical evidence of petitioner's disability was presented at the hearing. Moreover, to the extent the testimony of the medical experts differed concerning petitioner's ability to perform her job duties, it was for respondent to evaluate...

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