MATTER OF VAN PELT v. STATE COMPTROLLER


213 A.D.2d 944 (1995)

624 N.Y.S.2d 972

In the Matter of Warren Van Pelt, Petitioner, v. State Comptroller, on Behalf of New York State and Local Police and Fire Retirement System, Respondent

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

March 23, 1995


Upon review of the record, we conclude that there is substantial evidence to support the determination denying petitioner's application for performance of duty disability retirement benefits on the basis that petitioner failed to sustain his burden of proof that he is permanently incapacitated from the performance of his duties as a firefighter as a result of injuries he sustained while on duty. Significantly, the opinions of the various medical experts who examined petitioner...

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