MATTER OF STARKE v. NEW YORK STATE EMPLOYEES' RET. SYS.


199 A.D.2d 812 (1993)

608 N.Y.S.2d 123

In the Matter of Alan Starke, Petitioner, v. New York State Employees' Retirement System, Respondent

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

December 23, 1993


Respondent ruled that petitioner did not sufficiently establish that he is permanently incapacitated from the performance of his duties as a custodian because of an accident sustained in the employment upon which his membership is based. Upon our review of the record, we conclude that there is substantial evidence to support that determination. Respondent also rationally concluded that there was insufficient evidence to establish that an accident sustained by petitioner aggravated...

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