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MATTER OF PROIA v. McCALL

306 A.D.2d 735 (2003)

760 N.Y.S.2d 902

In the Matter of REBECCA PROIA, 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 June 19, 2003.

Kane, J.

Petitioner was employed in the position of Nurse II in a state correctional facility until December 1998, when she was injured in a motor vehicle accident. She never returned to work. Following a hearing, her subsequent application for ordinary disability retirement benefits was denied by respondent. Petitioner then commenced this CPLR article 78 proceeding seeking annulment of respondent's determination.

Substantial evidence supports the determination...

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