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MATTER OF CUNNINGHAM v. REGAN

66 N.Y.2d 628 (1985)

In the Matter of Alice Cunningham, Appellant, v. Edward V. Regan, as Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 8, 1985.

Attorney(s) appearing for the Case

Geoffrey H. Lewis and Stephen P. Cunningham for appellant.

Robert Abrams, Attorney-General (William J. Kogan, Robert Hermann and Peter H. Schiff of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

We agree with the majority below that there is substantial evidence to support the Comptroller's determination that petitioner was not "actually in service" at the time of the filing of her application for ordinary disability as was then required by Retirement and Social Security Law § 62. Petitioner was neither actually working...

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