MATTER OF INGRAM v. McCALL


251 A.D.2d 878 (1998)

674 N.Y.S.2d 496

In the Matter of Gary Ingram, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York and Administrative Head of The New York State Police and Fire Retirement Systems, Respondent

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

June 18, 1998


Substantial evidence supports the conclusion that petitioner, a firefighter, failed to establish that his ankle injury, which occurred after he accidentally stepped into a deep rut, was a total and permanent disability within the meaning of the Retirement and Social Security Law. The doctors who examined petitioner differed in their testimony regarding petitioner's injury and his ability to return to work. Petitioner's witness believed that petitioner was unable to return...

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