Carmody-Kapral v. New York State

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 respondent Comptroller which denied petitioner’s application for disability retirement benefits.

Petitioner, a psychologist, began to experience back pain in 2005 and, in 2007, underwent two surgeries for a herniated disc. Respondent New York State and Local Retirement System denied petitioner’s subsequent application for disability retirement benefits upon the ground that she was not permanently incapacitated from the performance of her duties…