The record contains conflicting medical opinions as to petitioner's physical condition and her claim that she was unable to return to her job as a food service worker due to chronic disc problems. The Comptroller's evaluation of such conflicting opinions must be accepted, however, and he may accord more weight to the opinion of one physician over another (see, Matter of McGrath v Regan, 109 A.D.2d 1007). Here, he could properly credit the opinion of respondent's physician who stated that petitioner was not permanently disabled and was capable of returning to work (see, Matter of Clay v Regan, 90 A.D.2d 625). Accordingly, since the determination here is supported by substantial evidence, it must be upheld (see, supra).
Determination confirmed, and petition dismissed, without costs. Casey, J.P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.