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MATTER OF McCANN v. McCALL

267 A.D.2d 766 (1999)

699 N.Y.S.2d 782

In the Matter of LUPE McCANN, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

Decided December 16, 1999.

Mercure, J. P.

Petitioner, who was employed as a community mental health nurse, stopped working in May 1995 and filed an application for disability retirement benefits based upon her Parkinson's disease, which was originally diagnosed in 1990. After her application was disapproved on the ground that she is not permanently incapacitated for the performance of her duties, petitioner sought a hearing and redetermination. Based upon the evidence adduced at the hearing...

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