Baird v. New York State & Local Retirement System

Mercure, J.P.

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

Petitioner was employed as a senior information system clerk with the Westchester County Department of Social Services. She was injured in 2004 while performing a physical test during an interview for another position with the Department. Petitioner thereafter attempted to return to work, but left after three days due to pain in her…