MATTER OF LINDEN v. NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEM


290 A.D.2d 724 (2002)

736 N.Y.S.2d 169

In the Matter of TED C. LINDEN, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES RETIREMENT SYSTEM et al., Respondents.

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

Decided January 10, 2002.


Peters, J.

Petitioner, a teacher at a secure facility for male youths who had been found guilty of serious crimes, filed an application for disability retirement benefits based upon an incapacity caused by a psychiatric condition triggered by an incident at work, which he described as a "near riot" in his classroom. Upon finding that petitioner was not incapacitated for the performance of his duties, respondent Comptroller denied the application. Petitioner commenced...

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