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MTR OF O'NEIL v. REGAN

78 A.D.2d 478 (1981)

In the Matter of Joan O'Neil, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 29, 1981

Attorney(s) appearing for the Case

Arthur F. McGinn, Jr., P. C. for petitioner.

Robert Abrams, Attorney-General (William J. Kogan, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for respondent.

SWEENEY, KANE, MAIN and CASEY, JJ., concur.

MAHONEY, P. J.

Petitioner was employed as a file clerk for the Department of Labor and became a member of the New York State Employees' Retirement System on March 26, 1958. She discontinued working on September 27, 1974 due to rheumatoid arthritis. On December 18, 1975, after repeated attempts to contact her by telephone and mail had failed, petitioner was advised by her employer that pursuant to the rules and...

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