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
- The determination that petitioner was not entitled to sponsorship for attendance at the Canadian College of Osteopathy was supported by substantial evidence.
- The Hearing Officer was not required to accept the opinion of petitioner's treating physician.
Questions Presented
- Whether the administrative determination that petitioner's attendance at the Canadian College of Osteopathy was inconsistent with her abilities was supported by substantial evidence.
- 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.
Court Document
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