IN MATTER OF TRACY v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM


58 A.D.3d 1006 (2009)

871 N.Y.S.2d 463

In the Matter of JAMES TRACY, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, Respondent.

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

January 15, 2009.


In May 2002, petitioner applied for disability retirement benefits, claiming that he was permanently disabled due to posttraumatic stress disorder. Following disapproval of the application by respondent, petitioner requested a hearing and redetermination, at the conclusion of which the Hearing Officer found that petitioner had failed to establish that he was permanently incapacitated from the performance of his duties. The Comptroller adopted that decision with a supplemental...

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