MATTER OF SIDDLE v. McCALL


222 A.D.2d 929 (1995)

635 N.Y.S.2d 767

In the Matter of Joseph Siddle, Petitioner, v. H. Carl McCall, as State Comptroller, Respondent

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

December 21, 1995


Petitioner, a correction officer, injured his shoulder and lower back as a result of various job-related accidents. His application for accidental disability retirement benefits was denied on the basis that he was not permanently incapacitated for the performance of his duties. Petitioner asserts, inter alia, that this determination is not supported by substantial evidence. We disagree. It was for respondent to evaluate the conflicting medical testimony presented regarding...

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