MATTER OF RAKOWSKI v. McCALL


246 A.D.2d 734 (1998)

667 N.Y.S.2d 512

In the Matter of Arlene Rakowski, Petitioner, v. H. Carl McCall, as Administrative Head of The New York State and Local Employees Retirement System and As Comptroller of the State of New York, et al., Respondents

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

January 8, 1998


Petitioner's application for ordinary disability retirement benefits was denied by respondent Comptroller on the ground that she had failed to prove that she was permanently incapacitated from performing her duties as a labor service representative for the Department of Labor. Petitioner thereafter commenced this CPLR article 78 proceeding challenging the administrative determination.

Although petitioner's medical experts concluded that petitioner suffered from multiple...

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