MATTER OF MOORE v. McCALL


261 A.D.2d 767 (1999)

689 N.Y.S.2d 779

In the Matter of IRENE MOORE, Petitioner, v. H. CARL McCALL, as State Comptroller, New York State and Local Employees' Retirement System, Respondent.

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

Decided May 13, 1999.


Petitioner, a former employee of the Office of General Services, filed an application for ordinary disability retirement benefits alleging that she is permanently disabled from employment as a truck dispatcher because of lower back pain. Petitioner's application was ultimately disapproved following a hearing, based upon a finding that petitioner failed to sustain her burden of proving that she was permanently incapacitated from the performance of her duties. Petitioner then...

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