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MATTER OF SCHINE v. HEVESI

40 A.D.3d 1362 (2007)

836 N.Y.S.2d 383

In the Matter of JOANNE M. SCHINE, 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.

Decided May 24, 2007.

Cardona, P.J.

Petitioner, a certified nurse's aide, applied for disability retirement benefits in June 2003 based on an alleged permanent disability stemming from a shoulder injury she sustained in 1997 while lifting a patient during her employment at a nursing home in Cattaraugus County. The New York State and Local Employees' Retirement System disapproved the application, finding that petitioner was not permanently incapacitated...

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