Decarlis v. N.Y.S. & Local Ret. Sys.
| Decision Date | 22 March 2018 |
| Docket Number | 524878 |
| Parties | In the Matter of Valaida DECARLIS, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
159 A.D.3d 1243
74 N.Y.S.3d 106
In the Matter of Valaida DECARLIS, Petitioner,
v.
NEW YORK STATE AND LOCAL RETIREMENT SYSTEM et al., Respondents.
524878
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: February 13, 2018
Decided and Entered: March 22, 2018
Valaida DeCarlis, Rochester, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondents.
Before: McCarthy, J.P., Lynch, Clark, Aarons and Pritzker, JJ.
MEMORANDUM AND JUDGMENT
McCarthy, J.P.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller denying petitioner's application for disability retirement benefits.
Petitioner, a housing specialist, applied for disability retirement benefits under Retirement and Social Security Law article 15, contending that she was permanently incapacitated from performing her job duties as the result of rheumatoid arthritis, degenerative disc disease and pain. The application initially was denied, and petitioner thereafter requested a hearing and redetermination. Following that hearing, the Hearing Officer upheld the denial, finding that petitioner failed to meet her burden of demonstrating permanent incapacitation. The Comptroller adopted the Hearing Officer's decision, and this CPLR article 78 proceeding ensued.
We confirm. As an applicant seeking disability retirement benefits, petitioner bears the burden of demonstrating that she is permanently incapacitated from the performance of her job duties (see Matter of Federighi v. DiNapoli, 151 A.D.3d 1162, 1163, 55 N.Y.S.3d 808 [2017] ; Matter of Aliperti v. DiNapoli, 138 A.D.3d 1378, 1379, 30 N.Y.S.3d 406 [2016] ; Matter of Carmody–Kapral v. New York State & Local Retirement Sys., 105 A.D.3d 1212, 1212, 965 N.Y.S.2d 201 [2013] ). In this regard, the Comptroller "is vested with the authority to resolve conflicting medical evidence ... and to credit one expert's opinion over another, and his...
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