MATTER OF PALMER v. McCALL


288 A.D.2d 680 (2001)

732 N.Y.S.2d 710

In the Matter of MARIANNE PALMER, 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.

Decided November 15, 2001.


Spain, J.

Although the record contains conflicting expert medical evidence on the issue of petitioner's permanent incapacitation from the performance of her duties as a correction lieutenant, it is not clear from respondent's determination whether respondent exercised its authority to resolve that conflict. Rather, it appears that respondent relied on the legal conclusion that "an applicant's subjective complaints of pain and limitation of motion are not enough to...

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