MATTER OF LOFTUS v. McCALL


309 A.D.2d 1136 (2003)

766 N.Y.S.2d 918

In the Matter of PATRICIA LOFTUS, 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 October 30, 2003.


Lahtinen, J.

Petitioner was employed by the Erie County Health Department as a nutritionist and breast-feeding coordinator. She sustained spinal injuries as the result of an October 1988 motor vehicle accident, which caused her to miss three months of work. Her symptoms of pain and numbness persisted until she resigned from her employment, applying for disability retirement benefits in February 1998. Her application was denied on the ground that she was neither physically...

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