MATTER OF ANDERSON v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEMS


306 A.D.2d 744 (2003)

760 N.Y.S.2d 366

In the Matter of MOLLY L. ANDERSON, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEMS, Respondent.

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

Decided June 19, 2003.


Crew III, J.

Petitioner's application for disability retirement benefits was denied and, following a hearing and redetermination, a hearing officer again denied the application, finding that petitioner was not permanently incapacitated from the performance of her duties. The Comptroller upheld that determination and this CPLR article 78 proceeding ensued.

Petitioner assails the testimony and ultimate opinion of respondent's expert, a board-certified neurologist...

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