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IN THE MATTER OF JOHNSON v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

54 A.D.3d 1130 (2008)

863 N.Y.S.2d 529

In the Matter of JAMES E. JOHNSON, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, Respondent.

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

September 18, 2008.

SPAIN, J.P.

Petitioner, a mental health therapy aide, filed an application for disability retirement benefits in April 2003 contending that he was permanently disabled following an August 2001 incident wherein a patient fell to the ground and pulled on petitioner's left arm.* Following disapproval of his application by respondent, petitioner requested a hearing and redetermination, at the conclusion of which a Hearing Officer found that...

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