MATTER OF FOSTER v. McCALL


238 A.D.2d 642 (1997)

656 N.Y.S.2d 955

In the Matter of Rodney M. Foster, Ii, Petitioner, v. H. Carl Mccall, as State Comptroller, Respondent

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

April 3, 1997


Petitioner, a police officer, was injured when he moved a case of flares and, thereafter, applied for performance of duty disability retirement benefits. Respondent denied petitioner's application upon a finding that petitioner was not permanently incapacitated from performing his duties as a police officer. It was for respondent to evaluate the conflicting medical testimony presented by the medical experts and accept the opinion of one medical expert over the other (see...

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