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MATTER OF RAY v. McCALL

301 A.D.2d 777 (2003)

753 N.Y.S.2d 252

In the Matter of SUZANNE M. RAY, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York and Administrative Head 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 January 9, 2003.

Mercure, J.

Petitioner was employed as the director of parks and recreation for the City of Canandaigua, Ontario County. In November 1997, petitioner applied for ordinary disability retirement benefits, claiming permanent disability from fibromyalgia and depression. The New York State and Local Employees' Retirement System disapproved the application, finding that petitioner was not permanently incapacitated from performing...

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