MATTER OF ARNOLD v. McCALL


259 A.D.2d 830 (1999)

686 N.Y.S.2d 204

In the Matter of MINNIE ARNOLD, 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 March 4, 1999.


Petitioner, a mental hygiene therapy aide, applied for accidental disability retirement benefits in November 1993 based upon injuries she sustained as a result of a 1984 incident wherein she slipped and fell while mopping a flooded bathroom floor at work. Following a hearing at which petitioner chose to rely solely upon medical records, respondent denied petitioner's application on the ground that she failed to sustain her burden

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