MATTER OF SOLLAS v. McCALL

Petitioner applied for accidental and ordinary disability retirement benefits and respondent Comptroller denied the applications, finding that petitioner was not permanently incapacitated from performing his employment duties. Medical evidence supports this determination. Although conflicting medical evidence was presented, it is within the Comptroller's exclusive authority to evaluate such conflicting evidence. We therefore find that his determination is supported by substantial evidence.

Cardona, P.J., Mercure, White, Casey and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.