Legal Opinion

Kennedy v. New York State & Local Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 2000PublishedCited by 8 opinions

1Opinion of the CourtSpain, 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 respondent Comptroller which denied petitioner’s application for ordinary disability retirement benefits.

Petitioner ceased working in his capacity as a custodian for a school district due to psychological problems and received no further salary payments after April 25, 1994. Following an attempt to obtain a medical leave of absence, petitioner was terminated from his employment effective June 27, 1994 and thereafter received a check dated June…

2Cases cited2 opinions

  1. Leonard v. ReganAppellate Division of the Supreme Court of the State of New York · 1990
  2. Truly v. ReganAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by8 opinions

  1. Schwartz v. McCallAppellate Division of the Supreme Court of the State of New York · 2002
  2. Komolafe v. CuomoAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of Denson v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2015
  4. Cascarano v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2017
  5. Hayden v. HevesiAppellate Division of the Supreme Court of the State of New York · 2006

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