MATTER OF MORLEY v. McCALL


234 A.D.2d 887 (1996)

651 N.Y.S.2d 950

In the Matter of Joseph Morley, Petitioner, v. H. Carl McCall, as New York State Comptroller, Respondent

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

December 26, 1996


Petitioner was employed as a general clerk by the New York State Power Authority until June 1992 when he left his position due to medical problems. Respondent denied his application for disability retirement benefits on the ground that petitioner is not permanently incapacitated from the performance of his duties; a finding based upon the opinion of the physician who examined petitioner on behalf of the New York State and Local Employees' Retirement System. As respondent...

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