MATTER OF MYERS v. McCALL


297 A.D.2d 899 (2002)

747 N.Y.S.2d 256

In the Matter of DARLENE A. MYERS, Petitioner, v. H. CARL McCALL, as Comptroller of the New York State and Local Employees Retirement System, Respondent.

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

Decided September 26, 2002.


Carpinello, J.

Petitioner was employed as an assistant manager at Suffolk Regional Off Track Betting. In that capacity, she was in regular communication, both in person and over the telephone, with staff, other managers and patrons. In September 1994, after swallowing a stick that was in a box of cereal, petitioner began to experience problems with her throat and voice. Upon the advice of her physician, she left work for a period of time to rest her voice. She resumed...

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