MATTER OF JONES v. McCALL


278 A.D.2d 741 (2000)

719 N.Y.S.2d 151

In the Matter of DARIN JONES, Petitioner, v. H. CARL McCALL, as Comptroller, New York State and Local Retirement System, Respondent.

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

Decided December 21, 2000.


Mugglin, J.

Petitioner, a motor equipment operator, injured his back in a fall at work in November 1992. He made several brief returns to work, but in December 1994, after he had been absent for more than a year, his employment was terminated. Shortly thereafter, he applied for accidental disability retirement benefits based upon the November 1992 injury. After a hearing, respondent denied the application and petitioner commenced this CPLR article 78 proceeding to...

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