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IN THE MATTER OF GARCEAU-SCOPELITIS v. NEW YORK STATE COMPTROLLER

24 A.D.3d 934 (2005)

805 N.Y.S.2d 446

In the Matter of DOROTHY GARCEAU-SCOPELITIS, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

December 8, 2005.

KANE, J.

In April 1992, petitioner's left knee was injured when she was kicked by a patient while working as a community mental health nurse. Petitioner retired in July 1996 and subsequently filed an application for accidental disability retirement benefits. Following denial of her application, petitioner requested and was granted a rehearing and redetermination. The Hearing Officer found that petitioner failed to sustain her burden of establishing that she was permanently...

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