MATTER OF O'MARAH v. LEVITT


35 N.Y.2d 593 (1974)

In the Matter of Ursula O'Marah, Appellant, v. Arthur Levitt, as Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Algird F. White, Jr. for appellant.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for respondent.

Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum; Judge JASEN dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL concurs.


MEMORANDUM.

Order reversed and the judgment of Special Term reinstated, with costs to appellant.

The question presented is whether under the provisions of subdivision a of section 63 of the Retirement and Social Security Law, the period during which petitioner could make application for an accidental disability retirement allowance began at the commencement or termination of her unpaid leave of absence. This in turn...

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