MATTER OF ROCKWELL v. STATE


249 A.D.2d 764 (1998)

671 N.Y.S.2d 792

In the Matter of Arlene M. Rockwell, Petitioner, v. State of New York et al., Respondents

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

April 16, 1998


Cardona, P. J.

Petitioner left her employment as a home health aide due to persistent pain which she experienced in her lower back, legs and feet. She subsequently applied to respondent New York State and Local Employees' Retirement System (hereinafter the Retirement System) for ordinary disability retirement benefits. Following a hearing, respondent Comptroller denied petitioner's application on the ground that she had failed to

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