MATTER OF KIRBY v. McCALL


234 A.D.2d 885 (1996)

651 N.Y.S.2d 947

In the Matter of Patrick Kirby, Petitioner, v. H. Carl McCall, as State Comptroller, et al., Respondents

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

December 26, 1996


There is substantial evidence in the record to support the finding of respondent Comptroller that petitioner failed to sustain his burden of proving that he is permanently incapacitated from performing his duties as a Park Maintenance Supervisor. While there was conflicting testimony from petitioner's treating physician and the physician who testified on behalf of respondent New York State and Local Employees' Retirement System, it lies within the Comptroller's authority...

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