SENECAL v. McCALL


252 A.D.2d 630 (1998)

675 N.Y.S.2d 225

In the Matter of Mary Senecal, 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.

July 2, 1998


Yesawich Jr., J.

Petitioner was employed as a mental hygiene therapy aide at a psychiatric hospital where she cared for geriatric patients. She was injured when she slipped on a wet floor, fracturing her right hip. Petitioner's subsequent applications for both accidental and ordinary disability retirement benefits were denied on the ground that she had failed to prove that she was permanently incapacitated from performing her previous

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