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IN THE MATTER OF SWACK v. HEVESI

30 A.D.3d 853 (2006)

816 N.Y.S.2d 767

In the Matter of JACQUELINE M. SWACK, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent.

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

June 22, 2006.

Cardona, P.J.

Petitioner, a mental hygiene therapy aide at a state psychiatric center, applied for ordinary disability retirement benefits claiming that she was disabled as a result of fibromyalgia, spinal stenosis, arthritis, bursitis, depression and anxiety. The New York State and Local Employees' Retirement System disapproved her application and, following a hearing, the Hearing Officer concluded that petitioner did not prove that she was permanently incapacitated...

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