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27 Nov 2023, 6:00 am by Public Employment Law Press
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]
27 Nov 2023, 6:00 am by Public Employment Law Press
The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]