County of Erie v. Hevesi

Appeal from that part of a judgment of the Supreme Court (Clemente, J.), entered May 5, 2004 in Albany County, which partially denied petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent New York State and Local Employees’ Retirement System denying the application of petitioner Patrick Gallivan for an award of ordinary disability retirement benefits filed on behalf of respondent David V Clark.

In June 1999, respondent David V Clark, then employed as a correction officer for the Erie County Sheriff’s Department, sustained an injury to…