MATTER OF JAREK v. McCALL


268 A.D.2d 654 (2000)

700 N.Y.S.2d 601

In the Matter of JOHN JAREK, 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 January 6, 2000.


Carpinello, J.

On March 4, 1993, petitioner resigned from his position as a school custodian after a January 31, 1993 heart attack rendered him unable to work. Later that same month, he requested, received and completed an application for ordinary disability retirement benefits, had it notarized and mailed it via ordinary first class mail. Six months later, he contacted the State and Local Employees' Retirement System to check on the status of his application and...

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