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In the Matter of JENNY D'AMATO, Petitioner, v. EDWARD V. REGAN, as Comptroller of the State of New York, Respondent.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller which denied petitioner's application for ordinary disability retirement. Inasmuch as the evaluation of conflicting medical testimony is for the Comptroller (see, e.g., Matter of Vasquez v Altman, 80 A.D.2d 701), the instant determination must be confirmed. Determination confirmed, and petition dismissed, without costs. Sweeney, J.P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.

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MATTER OF D'AMATO v. REGAN
(Apr 30, 1981)