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MATTER OF MALLORY v. NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEM

261 A.D.2d 775 (1999)

689 N.Y.S.2d 788

In the Matter of BETTY MALLORY, Petitioner, v. 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.

Yesawich Jr., J.

To be entitled to either ordinary or accidental disability retirement benefits, petitioner had to establish that she was physically or mentally incapacitated for the performance of duty (see, Retirement and Social Security Law § 62 [aa] [2]; § 63 [a] [2]). Petitioner claimed that, as a result of back, neck, hand and arm injuries, she was physically unable to perform her duties as a data entry clerk. The physician who examined petitioner...

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