MATTER OF HILL v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS


295 A.D.2d 802 (2002)

744 N.Y.S.2d 536

In the Matter of STEVEN HILL, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS et al., Respondents.

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

Decided June 20, 2002.


Peters, J.

Petitioner, a correction officer, filed an application for disability retirement benefits alleging that he developed a disabling arthritic condition. Concluding that petitioner failed to sustain his burden of proving that he was permanently incapacitated from performing his job duties, respondent Comptroller denied the application. This Court subsequently annulled this determination because the Hearing Officer issued a decision prior to receiving petitioner...

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