MATTER OF JOHNSON v. McCALL


281 A.D.2d 730 (2001)

721 N.Y.S.2d 294

In the Matter of GAIL M. JOHNSON, 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 March 8, 2001.


Spain, J.

Petitioner filed an application for disability retirement benefits, alleging that she sustained back injuries during the course of her employment as a nurse at a psychiatric center. Concluding that petitioner had failed to meet her burden of proving that she was permanently incapacitated from the performance of her duties, respondent denied the application. Petitioner thereafter commenced this CPLR article 78 proceeding to review respondent's determination...

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