MATTER OF COLE v. McCALL


231 A.D.2d 775 (1996)

646 N.Y.S.2d 911

In the Matter of Mary Ellen Cole, Petitioner, v. H. Carl McCall, as State Comptroller and Administrative Head of The New York State and Local Employees' Retirement Systems, Respondent

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

September 5, 1996


Petitioner was employed as a community residence aide at a developmental center. While caring for a client, she slipped on the floor and injured her back. After a hearing, respondent denied petitioner's applications for ordinary disability retirement benefits and accidental disability retirement benefits upon finding that petitioner was not permanently incapacitated from the performance of her duties as a community residence aide. Petitioner argues that these determinations...

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