Liddle v. New York State & Local Employees' Retirement System

—Peters, 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.

In September 1997, while employed by the Department of Environmental Conservation, petitioner underwent surgery for the removal of a brain tumor. He returned to work thereafter and, in September 1998, took a position as a project coordinator. In December 1998, petitioner applied for ordinary disability retirement benefits and, in…