Legal Opinion
Mallory v. New York State & Local Employees Retirement System
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Yesawich Jr., J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s applications for accidental and ordinary disability retirement benefits.
To be entitled to either ordinary or accidental disability retirement benefits, petitioner had to establish that she was physically or mentally incapacitated for the performance of duty (see, Retirement and Social Security Law § 62 [aa] [2]; § 63 [a] [2]). Petitioner claimed that, as a result of back, neck, hand…
2Cases cited4 opinions
- Klug v. McCallAppellate Division of the Supreme Court of the State of New York · 1996
- Senecal v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
- Di Guida v. McCallAppellate Division of the Supreme Court of the State of New York · 1997
- Nugent v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by5 opinions
- Knight v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Kohli v. McCallAppellate Division of the Supreme Court of the State of New York · 2001
- Maida v. McCallAppellate Division of the Supreme Court of the State of New York · 2003
- Jones v. McCallAppellate Division of the Supreme Court of the State of New York · 2000
- Hayes v. McCallAppellate Division of the Supreme Court of the State of New York · 2004