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MATTER OF SAGALA v. McCALL

242 A.D.2d 779 (1997)

661 N.Y.S.2d 1011

In the Matter of Robert Sagala, 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.

September 4, 1997

Petitioner was employed as an investigator in the auto theft unit of the Department of Motor Vehicles when he injured his back while searching under the seats of a car. His subsequent application for disability retirement benefits was denied on the ground that he was not permanently incapacitated from performing his duties. Substantial evidence supports that determination. The orthopedic surgeon who testified on behalf of the New...

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