Morsman v. County of Allegany

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Allegany County [Michael L. Nenno, A.J.], entered May 27, 2005) to review a determination of respondent County of Allegany. The determination found that petitioner was no longer entitled to General Municipal Law § 207-c benefits. It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that he is no longer entitled to benefits under General Municipal Law § 207-c because a knee injury he sustained in July 2002 was not causally related to an on-the-job injury he sustained in August 1999. 891 Contrary to petitioner’s contention, the determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). The Hearing Officer was entitled to weigh the parties’ conflicting medical evidence and to assess the credibility of the witnesses “and, so long as the inference[s] drawn and the ultimate determination made are supported by substantial evidence, it is not for [this C]ourt to substitute its judgment for that of the [Hearing Officer]” (Matter of Shorts Bar of Rochester Inc. v New York State Liq. Auth., 17 AD3d 1101, 1102 [2005]). Present—Hurlbutt, J.P., Scudder, Gorski and Smith, JJ.