MATTER OF SMITH v. REGAN


171 A.D.2d 918 (1991)

In the Matter of Raymond C. Smith, Petitioner, v. Edward V. Regan, as State Comptroller, Respondent

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

March 7, 1991


Although petitioner's physician testified that, in his opinion, good cause existed for petitioner's failure to timely file for accidental disability retirement benefits, he could not say with a reasonable degree of medical certainty that petitioner was unable to properly function during the entire 30 days following the May 17, 1978 incident. Furthermore, the physician did not evaluate petitioner until approximately three years after the incident had occurred. Under the circumstances...

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