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MATTER OF BAUTISTA v. DINAPOLI

70 A.D.3d 1165 (2010)

894 N.Y.S.2d 564

In the Matter of ROSINA BAUTISTA, Petitioner, v. THOMAS P. DINAPOLI, as Comptroller of the State of New York, Respondent.

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

Decided February 11, 2010.

McCarthy, J.

Petitioner, a maintenance worker at New Rochelle High School in Westchester County, sustained various injuries in multiple incidents that occurred between 1994 and 2001. She ceased working in May 2001 and applied for ordinary disability retirement benefits shortly thereafter. Respondent ultimately denied her application on the ground that petitioner did not demonstrate that she was permanently incapacitated from performing her job duties. This CPLR article...

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