MATTER OF MALACYNSKI v. McCALL


221 A.D.2d 764 (1995)

633 N.Y.S.2d 633

In the Matter of Gary Malacynski, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, Respondent

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

November 9, 1995


Mikoll, J.

The discrete issue here is whether substantial evidence supports respondent's determination that petitioner is not permanently incapacitated from the performance of his duties as a tree pruner.

Petitioner was injured on April 24, 1990 in a work-related motor vehicle accident. On June 28, 1991 he filed an application for accidental disability retirement benefits under Retirement and Social Security Law § 63. The application was...

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