Garceau-Scopelitis v. New York State Comptroller

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 accidental disability retirement benefits.

In April 1992, petitioner’s left knee was injured when she was kicked by a patient while working as a community mental health nurse. Petitioner retired in July 1996 and subsequently filed an application for accidental disability retirement benefits. Following denial of her application, petitioner requested and was granted a rehearing and…