Fruci v. Mills

50 A.D.3d 1565 (N.Y. App. Div. 2008) · Appellate Division of the Supreme Court of the State of New York, Fourth Department · April 25, 2008

Summary

The court unanimously confirmed an administrative determination denying the petitioner funding to attend a manual osteopathy program at the Canadian College of Osteopathy. It held that a functional capacity evaluation constituted substantial evidence supporting the determination and that the Hearing Officer was not required to accept the opinion of the petitioner’s treating physician.

Holdings

  1. The determination that petitioner was not entitled to sponsorship for attendance at the Canadian College of Osteopathy was supported by substantial evidence.
  2. The Hearing Officer was not required to accept the opinion of petitioner's treating physician.

Questions Presented

  1. Whether the administrative determination that petitioner's attendance at the Canadian College of Osteopathy was inconsistent with her abilities was supported by substantial evidence.
  2. Whether the Hearing Officer was required to accept the opinion of petitioner's treating physician.

Disposition

dismissed

Cases Cited (5)

  • 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978](followed)
  • People ex rel. Vega v Smith, 66 NY2d 130, 139 [1985](followed)
  • Matter of Murphy v Office of Vocational & Educ. Servs. for Individuals with Disabilities, N.Y. State Educ. Dept., 92 NY2d 477, 482 [1998](followed)
  • Matter of Shorts Bar of Rochester Inc. v New York State Liq. Auth., 17 AD3d 1101, 1102 [2005](followed)
  • Matter of Williams v Wing, 259 AD2d 1043 [1999](followed)

Cited In (0)

No citing cases on record yet.

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