MATTER OF CARMAN v. McCALL


210 A.D.2d 663 (1994)

620 N.Y.S.2d 18

In the Matter of John E. Carman, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, and Administrative Head of The New York State and Local Employees' Retirement System, State of New York, Respondent

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

December 8, 1994


Casey, J.

By separate determinations, respondent denied petitioner's applications for accidental and ordinary disability retirement benefits. In each determination, respondent concluded that petitioner was not permanently incapacitated from performing the duties of his employment as a sanitation man. Respondent's expert testified that although petitioner suffered from a condition known as chondromalacia of the...

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