AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

In the Matter of BARBARA J. MITCHELL, Petitioner, v. H. CARL McCALL, as New York State Comptroller, Respondent.

There is substantial evidence in the record to support respondent's finding that petitioner failed to sustain her burden of proving that she was permanently incapacitated from performing her duties as a Social Worker Assistant II at a psychiatric center. While there was some conflict in the testimony given by petitioner's treating chiropractor and that of the orthopedic surgeon who testified on behalf of the New York State and Local Employees' Retirement System, it lies within respondent's authority to evaluate conflicting medical evidence and to accept the opinion of one expert medical witness over that of another ( see, Matter of Longendyke v Regan, 195 AD2d 695, 696). Respondent's determination is accordingly confirmed. Petitioner's remaining contentions have been examined and found to be lacking in merit.

Adjudged that the determination is confirmed, without costs, and petition dismissed.

Use AI to get other relevant cases.

Comments

IN RE MITCHELL
(Dec 26, 1996)