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MATTER OF NILES v. McCALL

211 A.D.2d 940 (1995)

621 N.Y.S.2d 945

In the Matter of Wanda J. Niles, Petitioner, v. H. Carl McCall, as Comptroller of The State of New York, Respondent

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

January 12, 1995

Petitioner, a mental hygiene therapy aide, sustained back and leg injuries in 1989 in the course of her duties while escorting a mentally handicapped client onto a bus. Thereafter, respondent denied petitioner's application for disability retirement benefits on the ground that petitioner failed to sustain her burden of proving that she would be permanently unable to perform her job duties. Contrary to petitioner's contention, there...

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