MATTER OF SOOK PARK v. McCALL


288 A.D.2d 603 (2001)

732 N.Y.S.2d 463

In the Matter of SEON SOOK PARK, 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 November 8, 2001.


Mugglin, J.

Petitioner, a nurse's aide, injured her back, neck and shoulder in a work-related accident in April 1994. She subsequently filed an application for accidental disability retirement benefits based on these injuries. Concluding that petitioner was not permanently incapacitated from the performance of her duties, respondent denied the application and petitioner commenced this CPLR article 78 proceeding to challenge the determination.

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