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Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04633

Matter of Spencer v City of Fulton

Read the official decision: 2026 NY Slip Op 04633

Holding The court confirmed the City’s determination denying the retired firefighter’s application for benefits, finding it supported by substantial evidence. The court held that the Hearing Officer was entitled to weigh conflicting medical evidence and assess witness credibility, particularly regarding the preexisting nature of the injuries.

The court’s words

Substantial evidence is a minimal standard that requires less than a preponderance of the evidence and demands only that a given inference is reasonable and plausible, not necessarily the most probable

2026 NY Slip Op 04633, at the official text

was entitled to weigh the parties' conflicting medical evidence and to assess the credibility of the witnesses, and [w]e may not weigh the evidence or reject [the Hearing Officer's] choice where the evidence is conflicting and room for a choice exists

2026 NY Slip Op 04633, at the official text
CourtAppellate Division, Fourth Department
DecidedJuly 24, 2026
Citation2026 NY Slip Op 04633
Area of lawAdministrative Law
WeekWeek ending July 25, 2026
Official textOfficial decision: 2026 NY Slip Op 04633
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id449

Recommended citation

ESQ HQ, New York Law Watch, Matter of Spencer v City of Fulton, 2026 NY Slip Op 04633 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04633/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published July 24, 2026. Updated July 24, 2026.