In Matter of Mullins v. New York State Comptroller , Edward Mullins, an Orange County police officer, alleged that he was permanently disabled when he injured his thumb during an arrest. After his disability request was denied by the New York State Comptroller , Mullins challenged the decision by filing a special proceeding with the Albany County Supreme Court.
On transfer to the Appellate Division, Third Department, the AD3 determined there was substantial evidence supporting the Comptroller 's decision that Mullins was still able to perform his duties as a police sergeant. (Apparently, an orthopedic surgeon testified that the injury was surgically correctable, and the officer's "unreasonable refusal" to undergo the procedure defeated the "incapacity" claim.)
With that, Mullins' claim was summarily scalpelled.
To download a copy of the Appellate Division's decision, please use this link: Matter of Mullins v. New York State Comptroller