MATTER OF JETTER v. McCALL


241 A.D.2d 746 (1997)

661 N.Y.S.2d 61

In the Matter of Roy P. Jetter, Petitioner, v. H. Carl McCall, as New York State Comptroller, et al., Respondents

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

July 17, 1997


Petitioner was employed as an investigator for the State Police when he injured his back while lifting his brief case from the trunk 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 orthopedist, called as an expert witness on behalf of respondent State Police and Fire Retirement System, testified that while...

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